First final judgment of the Higher Court in Ljubljana: A loan contract in Swiss francs is completely null and void!
This is a very important victory, since the decision of the Court is already final. It is even the first final Judgment in the case of CHF loans in Slovenia. The Association ZDRUŽENJE FRANK estimates, that the case-law is established and that the judgments of the other courts in such cases will follow this case-law. By the Judgment of the Higher Court, the bank was ordered to delete the mortgage and for the borrower to repay the difference of the loan.
The 18th January was notificated to attorney, Mr Robert Preininger (representing the borrower), that a Judgment of the Higher Court in Ljubljana granted his appeal against the Judgment of the Court of first instance. The Court upheld the claim for the annulment of a loan contract in full, as well as the rest of the claim, including the deletion of the mortgage. The Court of appeal also sentenced the bank to pay all costs of legal proceedings. Attorney, Mr Robert Preininger said: “We emphasize that the Higher Court in Ljubljana fully followed our key arguments, which we enforce in open court cases since 2015.” A nullity sanction in this case means that the borrower must pay the bank the difference between the amount of received loan in euros and already paid amount of all monthly payments in euros. The Association ZDRUŽENJE FRANK has absolutely welcome the establishment of the case- law and the first final Judgment in favor of the borrower (a member of the association). At the same time, they emphasize the necessary systemic solution for the problem of loans in CHF, which was created by the greed of banks and the inactivity of the regulator. Sending 20,000 people for justice to courts is certainly not a responsible act of a legal and social state like Slovenia. They also believe that this Judgment has remedied all the concerns of the Members of Parliament who were waiting for the adjournment of our courts.
Without a doubt, this are great news for Slovenia but also for European Consumers.
