CJEU carried a hearing on the case 520/21 in relation to the question whether the banks could charge CHF mortgage holders for the use of capital if contracts were found abusive. A hearing has taken place on 12 October 2022 and a preliminary ruling is not expected before 2023.

Here is a link to the current proceeding information:
CURIA – Case information (europa.eu)

Participants invited to the case presented their arguments.

Position of the Commissioner for Human Rights (RPO) can be found here:
https://bip.brpo.gov.pl/pl/content/rpo-frankowicze-umowa-kredytu-abuzywna-tsue-pytania-rozprawa

In the opinion of the Commissioner for Human Rights, restitution claims that arise in connection with the finding that, under national law, the contract can no longer be in force are exhausted with the reimbursement of sums provided under the contract declared invalid (excluding interest for using capital), possibly increased by statutory interest for delay (reimbursement of amounts provided under a contract declared invalid), due in accordance with national law.

In turn, the banking side and Jacek Jastrzębski, the head of the Polish Financial Supervision Authority KNF, pointed out that when settling a loan agreement considered invalid, the benefits that the borrower has gained from it should be taken into account.

The letter of the Polish regulator can be found here:
https://www.knf.gov.pl/aktualnosci?articleId=79873&p_id=18