Abstract

The aim of the article is to present briefly the issue of (un)fairness of so-called conversion clauses in credit agreements indexed to or denominated in a foreign currency in light of the recent judgments of the Court of Justice of the European Union. These clauses are more and more often recognized as abusive by Polish common courts. In the opinion of the authors, this type of an “automatic” approach has no basis in the legal order and results from a superficial analysis of EU jurisprudence. As a result, such a line of adjudication by domestic courts should be revised.