Reaction of RBA to RH Supreme Court Judgment

18.09.2019

RBA will surely act in compliance with the laws and regulations of the Republic of Croatia.

 

Considering the judgment of the Supreme Court of the Republic of Croatia, Raiffeisenbank Austria d.d. (RBA) will, after analysing the ruling, and especially the clarification thereof, apply any and all legal remedies against this judgment. We shall, indeed, contest the Supreme Court judgment by way of the Constitutional litigation. Further, RBA will consider and apply any and all legal remedies available to it to the effect of disputing this ruling also on the level of the institutions of the European Union.

Further, what needs to be pointed out at this moment is the fact that the clarification of the Supreme Court judgment confirms that the verdict is not in connection to the converted loans, or the CHF loans that were converted into euro loans. In short, this means that this judgment confirms that these loans have no legal basis for filing suits, as their position, by the conversion, solely executed at the cost of the banks, made them equal to the borrowers who took loans with the currency clause in EUR. 

Further, talking of the CHF loans that were not converted, or the repaid loans, the Constitutional court did still not reach the verdict regarding statute of limitation which can only give guidance which clients can finally sue banks.

Although RBA has no intention to agree to any settlements, regardless of the Supreme Court judgment, the Bank will surely act in compliance with the laws and regulations of the Republic of Croatia, and determine the actions of the respective customer and of the Bank in every individual proceeding, as well as approach every particular lawsuit, or litigation individually, conscientiously and fairly.