In a case (C-260/18) between the Dziubak family and Raiffeisen Bank, the EU Court of Justice ruled in a judgment on Thursday 3 October that in loan contracts concluded in Poland and indexed to a foreign currency, unfair terms relating to the difference in exchange rates cannot be replaced by general provisions of Polish civil law.
However, if, after the removal of the unfair terms, the nature of the main subject matter of those contracts is likely to alter, in that they would no longer be...