CJEU judgment on WIBOR – Key implications for the Polish banking and litigation landscape
On 12 February 2026, the Court of Justice of the European Union issued its judgment on interest rate clauses referencing WIBOR in consumer loan agreements.
The Court confirmed that such clauses fall within the scope of Directive 93/13 EEC on unfair terms in consumer contracts.
In doing so, the Court clarified four key points:
- The mere use of WIBOR does not, in itself, render a clause unfair.
- Banks are not required to disclose the technical methodology underlying the benchmark
- Contractual terms must nonetheless meet the transparency requirement under the Directive.
- The ultimate assessment of fairness remains within the jurisdiction of national courts.
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The judgment does not call into question the WIBOR mechanism as such. It does, however, establish a clearer framework within which Polish courts will assess transparency and consumer protection arguments – and is therefore likely to shape both pending and future litigation involving variable interest rate structures |
REVERA Polska continues to monitor developments in the case law and their implications for financial institutions, investors, and borrowers.
Author: Aleksander Skirpan.
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