You are a cross-border worker and you took out a foreign currency mortgage (such as Helvet-Immo or a loan repayable in CHF)? Recent decisions by the Court of Justice of the European Union (CJEU) and the French Court of Cassation have radically changed the situation in your favour.
Why act now?
For a long time, French courts took a strict approach towards borrowers. However, since 2022, the case law has evolved:
- Recognition of unfair terms: Clauses imposing a disproportionate exchange rate risk on the borrower may now be deemed unfair if the information provided by the bank was not « sufficient and accurate ».
- Specific protection for cross-border workers: Even for loans repayable directly in CHF, courts now consider that there is a risk (change of employment, depreciation of the euro) that the bank must anticipate and explain.
- Imprescriptibility: Actions based on unfair contract terms law are not subject to any limitation period, allowing you to take action even many years after signing.
Our Legal Support Services
1. Analysis of the validity of your contract
We examine your repayment and conversion clauses to determine whether they are « clear and comprehensible » within the meaning of current case law.
- Verification of compliance with the transparency obligation.
- Assessment of the significant imbalance between you and the credit institution.
2. Action for nullity and removal of clauses
If a clause is deemed unfair, it is treated as « unwritten ». If the contract cannot survive without that clause, we seek the full retroactive annulment of the loan.
3. Recovery of amounts unduly paid (Restitutions)
In the event of nullity, we calculate and claim the sums the bank must return to you:
- Restitution at the historical rate: The bank must return the euro equivalent based on the exchange rate applicable at the time of each payment, thereby protecting you from the depreciation of the euro.
- Starting point for the limitation period: The time limit for claiming these sums only begins, in principle, from the date of the court decision finding the term to be unfair.
4. Claim for damages
Beyond restitutions, we assess the possibility of seeking compensation for any remaining financial loss, particularly in cases of misleading commercial practices.
Why entrust us with your case?
Did you know? The Court of Cassation now requires banks to explain the operation of the loan over its entire duration, taking into account your situation as a cross-border worker and the location of your property in France.
We have mastered the subtleties of the most recent rulings (notably those from July, September and November 2025) to counter the banks’ arguments on limitation periods and other defences.
Is your loan open to challenge?
It is entirely possible to begin with an analysis of your initial loan offer. This document is the key piece of the case as it contains the clauses relating to exchange rate risk and the repayment terms.
Examining this offer will allow us to verify several critical points based on the criteria of current case law:
- The transparency obligation: We will verify whether the bank provided « sufficient and accurate » information to enable you to understand the concrete operation of the financial mechanism.
- Clarity of clauses: A clause may be deemed unfair if it is not drafted in a « clear and comprehensible » manner, even if it relates to the main subject matter of the contract.
- Risk anticipation: For cross-border workers, the offer must set out the consequences of a depreciation of the euro over the entire duration of the loan.
- Contractual imbalance: We will analyse whether the clauses create a significant imbalance to your detriment, which the bank could not reasonably have expected you to accept in individual negotiations.
Free diagnostic consultation: To facilitate your steps, we offer an initial no-cost consultation. Simply bring your loan offer so that we can carry out an initial assessment of the validity of your repayment clauses.
