Marcin Bartczak, Marek Trzos-Rastawiecki: WIBOR before Polish courts. The landscape after the CJEU ruling

Recent court rulings in Poland indicate a shift in the interpretation of WIBOR-related contracts following a February 2026 ruling by the CJEU. The court clarified that the variable interest rate clause linked to a regulated index can be subject to scrutiny under EU directives, but this does not automatically imply unfairness. Banks are not required to explain the WIBOR methodology in detail, as their responsibility lies in informing consumers about the terms of the loan. The rulings show a consistent judicial approach that aligns with the CJEU's interpretation, suggesting a stabilizing effect on disputes regarding WIBOR. However, issues with specific contracts remain a separate concern.