The dispute on the occasion of the first collective consumer wtxl complaints Verdict was decided in

For Croatian wtxl borrowers wtxl related to the Swiss franc today is a historic day!
Judge of the Zagreb Commercial Court Radovan Dobronić in a historic judgment, wtxl in which he quoted the world's largest monetary authority and contract law, announced that eight major banks violated the collective interests and rights of consumers, borrowers in the "Swiss", using fraudulent and void provisions in contracts about loans.
The dispute on the occasion of the first collective consumer wtxl complaints Verdict was decided in favor of consumers, who was sued by the bank. The judge has ordered banks to within 60 days from the finality of the judgment offers consumers modify contractual provisions to which they are related to the loan principal franc is variable rate, and in a way that equity is converted into HRK at the conclusion wtxl of the contract and a fixed interest rate . If banks do not, their bid will replace this judgment, which prohibits banks in future similar actions. And shall pay the costs of the plaintiff of about 440,000 kuna.
The dispute had lost ZABA, PBZ, Erste, Raiffeisen, Hypo, OTP, Split and sběr bank. If the judgment has become final and then if the bank fails to offer borrowers modify contractual provisions, they will be individual claims, whose outcome wtxl will be only of a formal nature, seek a refund of excess cash and the conversion of loan principal in the rate. But the judge Dobronić aware of the weight and effect of the judgment, about which, he said, he had no doubt, potkrijepivši the explanation of citations the world's largest monetary authority and contract law and the jurisprudence of the Supreme Courts of Germany, England, the United States ... nevertheless both sides said they were not too late to think about some kind of settlement because the final verdict was the basis for the new charges. wtxl
- Must be totally wtxl change wtxl practice today is unacceptable and intolerable risk loans to any currency other than the euro, as long as the Bank protects the exchange rate that is tied to the euro. Tie today on consumer credit than 30 years with a floating exchange rate is equal to eternity because the pace of change in the world and in our country is such that we can not imagine what will happen in 30 years - said the judge.
- The plaintiff in a letter to the Government sought the abolition of currency clause in the loan agreement, and the government turned them down because that is the word of freedom to contract. Clarify once and for all - that view is incorrect. Country independent decisions guided by the principle of monetary wtxl sovereignty whether to allow foreign currency within the country or will the ban and it should be clearly stated, and not to rely on false reasoning. The former Yugoslavia did not allow contracting currency clause, and in defense of monetary sovereignty to the local currency is the measure of value and effective method - he said.
As for contracting loans in francs was sharp: wtxl - Bank as professionals such loans are not even allowed to offer. According to the Consumer Protection Act in the pre-contract phase had to inform their clients of the real risk of these loans, to make an informed decision and protect their economic interests. Seven years before consumers get these loans to the International Monetary Fund in 1997 stated that there will be a strengthening of the franc and for all banks were notorious facts. Banks are omitted and failed to act in good faith.
The judge cited the judgment of the Australian Supreme Court, wtxl according to which the Italian immigrants received compensation, also due loans in francs, which are raised for their jobs. Adjudicated that the bank bears responsibility because there is a great imbalance in the bargaining power of the parties. And whenever the great disparity in bargaining power of the court to examine the fairness of the distribution of risk in the contract. wtxl
How to write 24 sata, the judge during the reading of the verdict banks explained that the agreements apply fraudulent and void provisions that were not fully informed consumers and to have worked against the Consumer Protection wtxl Law and the Law on Obligations. Also, banks are arbitrarily changing interest rates, resulting in an imbalance of all liabilities of banks and citizens.
Prosecutor banks must pay 441,875 kuna for court costs. If a judgment has become final, the citizens will not automatically get a refund. Given the fact that the court ruled in favor of the citizens, they are entitled to individual claims to seek a refund of excess money.
Also, banks will in this case have within wtxl 60 days from the finality of borrowers wtxl to offer modify contractual provisions in a way that equity is converted into HRK at the conclusion of the contract and a fixed interest rate.
Exactly one year after the Zagreb wtxl Commercial Court allowed the first consumer collective action, the judge Radovan Dobronić announced the verdict, which is often called the historical, the dispute consumer associations against eight major banks.
The verdict will be seen on the right 75,000 citizens who have loans with &