The Rights of Users of the Credits Indexed in Swiss Francs in the Light of Jufgments of the Court of Justice of the European Union

Abstract

The Court of Justice of the EU has issued important decisions in recent years on foreign currency indexed loans, mainly in Swiss francs, which are important for protecting the interests of borrowers "trapped" in contracts with currency clauses that have resulted in overpayments. Except for the courts of the Member States, the case-law cited is also relevant to the courts of the Republic of Serbia, bearing in mind that the Stabilization and Association Agreement not only obliged to harmonize existing and future regulations with the acquis communautaire, but also to ensure that current and future legislation to be properly applied and implemented (Art. 72 Para. 1). In the area of consumers' protection, this implies the harmonization of consumers' protection standards in Serbia with those in force in the Union (Art. 78).