This commentary discusses the impact of the judgment of the Court of Justice of the European Union delivered in Case C-396/24 Lubreczlik on 19 June 2025. This judgment should play a key role in shaping the case law concerning mutual settlements between banks and borrowers, arising from invalidated loan agreements. The first Polish judgments based on this CJEU’s judgment are already being issued. In effect, the Court has endorsed a departure from the previously dominant “two-claims theory” (theoria duarum condictionum) in favour of the “balance theory” (theoria saldi), which reduces the duration of proceedings and is more cost-effective in practice.
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