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Why WIBOR Cannot Be Challenged by the Common Courts? A Gloss (Approving) to the Judgment of the Court of Justice of the European Union in Case C-471/24
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Krzysztof Koźmiński
https://doi.org/10.26354/bb.7.1.102.2026
Abstract
This article provides an approving commentary on the Judgment of the Court of Justice of the European Union of 12 February 2026 in Case C-471/24, concerning the admissibility of reviewing contractual terms in credit agreements based on the WIBOR reference index under Directive 93/13/EEC. The authors analyze the economic and legal context of mass consumer claims against banks in Poland, highlighting the emergence of a multi-billion market for legal services and attempts to extend litigation to variable-index loans. The paper discusses the factual background of the case, the preliminary questions referred, and the key findings of the Court, particularly regarding the scope of lenders’ information duties, the transparency requirement, and the relationship between consumer protection rules and the Benchmark Regulation (BMR). The authors argue that the judgment excludes the possibility of considering the WIBOR mechanism itself as unfair and significantly limits the grounds for mass challenges to credit agreements. In conclusion, the judgment is assessed as important for maintaining financial stability and for curbing a potential new wave of litigation against banks.
Keywords:
CJEU judgment , WIBOR reference index , credit , consumer , lawJEL Codes
K12, K23, G21, D18Download files
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This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Vol. 102 No. 1 (2026)
Published: 2026-07-09
10.26354
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.