Const. Court upholds nullity of CHF clause and variable interest rate

NEWS 03.02.202117:00 0 komentara
N1 / Ilustracija

The Constitutional Court on Wednesday rejected the actions of seven Croatian banks and upheld that the provisions on the Swiss franc-linked currency clause and variable interest rate and were null and void.

Constitutional Court President Miroslav Separovic told the state news agenc Hina that the class action was now finally over.

Several years ago Croatian citizens, who suffered damage because their loans were denominated in the Swiss franc, sued commercial lenders in a class action lawsuit over the unfair CHF currency clause.

In a press release after the meeting held on Wednesday, the Constitutional Court said that it had rejected constitutional complaints filed by the seven Croatian banks against Supreme Court and High Commercial Court rulings in the class action lawsuit initiated by the the Potrosac consumer protection association over unfair provisions related to the Swiss francs.

The Constitutional Court did not find any violations of constitutional and convention rights pointed out by banks in their constitutional complaints, the press release said.

The class action lawsuit was filed in 2012, and a year later the Commercial Court in Zagreb ruled that the foreign currency clauses and the provisions on the variable interest rate were null and void. After that, there were a series of proceedings and different decisions.

Objections to epidemiological measures rejected again

Also, the Constitutional Court again did not accept proposals challenging provisions of the law on civil protection and the law on the protection of the population from infectious diseases.

It did not accept or it rejected proposals to assess the constitutionality and legality of the national civil protection team’s decisions banning gatherings, cross-border travel and organised public transport and leaving one’s county of residence.

The court rejected proposals to assess the constitutionality and legality of the government’s decision on the appointment of members of the civil protection team, that is the COVID-19 crisis management team.

The Constitutional Court passed all decisions with 10 votes in favour and three against.

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