Recent rulings by the Court of Justice of the European Union have once again highlighted the importance of legal disputes involving Swiss franc mortgage borrowers in Poland. We take a closer look at how many such cases are still pending before the courts.
For some time, it seemed that the so-called “free credit sanction” had become the most prominent issue in consumer disputes with banks. However, widely discussed April rulings of the Court of Justice of the European Union (C-901/24, C-752/24, C-753/24) have reminded observers that the issue of Swiss franc borrowers remains highly relevant and far from resolved. This is especially true given that a large number of CHF-linked mortgage cases are still on court dockets. Experts from RynekPierwotny.pl cite recent data from the Ministry of Justice of Poland. The timing is notable, as on April 30, 2026, the EU court is expected to deliver another important ruling in a Swiss franc case (C-246/25).
Court data: the “Swiss franc backlog” is shrinking
The Ministry of Justice of Poland is considered the most reliable source of data on the burden of CHF mortgage disputes on the judicial system. The ministry explains that data on claims arising from bank agreements denominated, indexed or linked to foreign currencies have been collected through statistical reports (MS-S1) since July 1, 2017.
The data presents the number of Swiss franc mortgage disputes in general terms, without distinguishing between court instances. It includes cases filed, resolved and still pending at year-end. As experts from RynekPierwotny.pl explain, the year-end figure reflects the difference between new and resolved cases, adjusted for unresolved cases carried over from the previous year.
According to official statistics, the situation in 2025 was as follows:
- New Swiss franc cases filed during the year: 94,233
- Cases resolved by courts: 127,528
- Cases remaining pending: 170,766
These figures explain why, by the end of 2025, the number of pending Swiss franc cases had decreased by around 33,300 (16%) compared to the previous year. This positive development resulted from a decline in new filings (-24% year-on-year) and an increase in resolved cases (+30% year-on-year).
Despite progress, the legal battle may last years
Assuming last year’s pace of case resolution continues, Swiss franc disputes could theoretically disappear from courts by early 2031. However, this is a simplified scenario, and reality may prove more complex.
A breakdown of pending cases by court instance at the end of 2025 shows:
- First instance: 103,360 cases (district courts: 6,472; regional courts: 96,888)
- Second instance: 67,406 cases (regional courts: 1,266; courts of appeal: 66,140)
As the data shows, most cases remained in the first instance, typically handled by regional courts due to the high value of claims. This structure may explain why the idea of a special “Swiss franc law” aimed at accelerating proceedings continues to be discussed by the Ministry of Justice.
Decline in new cases was predictable
Experts from RynekPierwotny.pl note that last year’s decline in new CHF cases could have been anticipated by closely following data published by the Narodowy Bank Polski in its financial stability reports.
According to the central bank, as of mid-2025 the distribution of Swiss franc loans was as follows:
- Loans under litigation: approx. 40%
- Loans settled through agreements: approx. 50%
- Loans still on bank balance sheets without disputes or settlements: approx. 10%
Two years earlier, litigation covered 31% of such loans, settlements 19%, and as many as 50% remained unresolved. By mid-2025, banks and borrowers had concluded around 156,000 settlements concerning foreign currency mortgages (including euro-denominated loans).
What comes next?
Despite the declining number of new cases, the courts remain heavily burdened. It is also possible that more lawsuits will be filed by borrowers who have already repaid their Swiss franc loans. Increased activity among borrowers with euro-denominated mortgages cannot be ruled out either, although this group is significantly smaller than Swiss franc borrowers.
In conclusion, while the backlog of Swiss franc mortgage cases is gradually shrinking, the issue remains a major challenge for Poland’s judicial system and financial sector, with its resolution likely to take several more years.
