More and more customers are choosing the court actions to freeze the exchange rate at the time of concluding the loan agreements

According to Mediaxaf, The three largest banks in the system display a course of 4.5700 lei / franc (BCR), 4.4080 euro / franc (BRD) and 4,700 euro / franc (BT), Bancpost had shown a quotation of 5,000 euro / franc after 13:00, CEC Bank of 4,700 euro / franc, Volksbank of 4.5880 lei / franc, ING – 4.4606 lei / franc, Intesa Sanpaolo Bank – 4.4570 lei / franc. Among the banks that have portfolios of loans in Swiss francs, Raiffeisen Bank had a course of 4.4050 lei / franc and OTP Bank of 4.4251 lei / franc. “

The effects of increasing the value of the Swiss franc, lead more people whose loan agreements are concluded in this currency, to address the court in order to freeze the exchange rate of the loan at the time of conclusion the agreement, and following the recent Decisions No. 230 / R / 2014 of Galati Court, which decided irrevocably to convert in RON the loan in Swiss francs, and Directive no. 93/13 / EEC as well as the interpretation given to Community law in Case C-26/13 of the Court of Justice of the European Union in the implementation of Directive no. 93/13 / EEC on unfair terms relating to the admissibility of consumer credit contracts concluded in foreign currency – exchange clauses.

According to the Decision given by the Galati Court, it was irrevocably decided the conversion in RON of the loan, at the exchange rate CHF / USD from the date of granting the loan, course which was increased by 10%. This means that if that credit in CHF was granted in 2007, at a rate of 1.8 lei / CHF, it means that the loan was frozen at a rate of less than 2 Euro / CHF. The difference between this course of 2 RON / CHF and the “present one” is basically from simple to double. Also, there was absolute nullity of the risk premium clause renamed administration fee.

The reason which was the basis for this decision was: The plaintiff, as the average consumer and reasonably well informed individual, had no way to predict a dramatic change in the exchange rate. So, only giving to the bank the right to make such a change, without allowing the borrower to benefit from such protection and without establishing transparent ways known by both parties and on which the bank to take the decision to convert the from CHF in RON, it was hampered with the debtor willfully situation, while the bank had nothing to lose from such a transformation that it has taken as a benefit. “