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Ujednačavanje sudske prakse oko kredita u ‘švicarcu’ kroz institut proširenog vijeća izlaže nas riziku ponovnog kršenja prava EU

Aleksandra Maganić, profesorica Pravnog fakulteta o odlukama Vrhovnog suda vezanim uz kredite u švicarcima.



The Higher Court in Croatia ruled in January 2025 that borrowers who converted their credit agreements from Swiss Francs (CHF) to Euros (EUR) under legal provisions no longer have the right to claim compensation based on the original variable interest rate. This decision has been met with criticism, particularly regarding the inconsistency in court practices and the lack of clarity in applying unified legal standards. The issue stems from a 2022 attempt to unify court practices, which ultimately failed due to procedural issues and incomplete implementation. The case highlights concerns over the concentration of power in the Higher Court and potential conflicts with the rule of law, as well as implications for the rights of borrowers and the legal consistency of court decisions.

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