Swiss franc loans: how long do you have to act?

A claim to have the exchange‑rate clause of a Swiss franc loan declared unfair is not time‑barred (Cour de cassation, 30 March 2022) Source [1]. A claim for restitution of the sums paid is time‑barred after five years, from the decision that finds the clause unfair Source [2]. A loan signed twenty years ago can therefore still be reviewed.

The clause and restitution.

Proceedings against a Swiss franc loan involve two claims. The first targets the clause, and the court decides whether it is unfair. The second targets the sums to be returned once the clause is set aside.

The first is not subject to any limitation period Source [1]. On 10 June 2021, the Court of Justice of the European Union had ruled against a national rule that would subject this claim to a time limit (C-776/19 to C-782/19) Source [3].

The second falls under the five‑year period of the French Civil Code. Under article 2224, that period runs “from the day on which the holder of a right knew or should have known the facts enabling them to exercise it” Source [4].

When the restitution period starts.

On 12 July 2023, the Cour de cassation set that starting point at the court decision that finds the clause unfair Source [2]. The five‑year period therefore does not run from the signing of the loan.

The Court of Justice of the European Union also rules out a five‑year period running from the acceptance of the offer Source [3]. At that point, the borrower could have been unaware of their rights. On 9 July 2020, it had ruled out a period running from the end of repayment, on the presumption that the borrower then knew the clause was unfair (C-698/18) Source [5].

The decisions of 2025 and 2026.

On 17 September 2025, the Cour de cassation restated that starting point. It allows the bank to prove that the borrower knew, or could reasonably have known, that the clause was unfair before the decision Source [6]. This is recent case law, liable to change.

On 19 March 2026, the Court of Justice of the European Union clarified two points (C-679/24) Source [7]. The date of one of its own judgments, or of a ruling by the national supreme court on similar clauses, cannot serve as the starting point of the restitution period. A period running from the signing of an annulled loan is also ruled out, when the borrower could not then know that the clause was unfair.

On 12 June 2025, the Second Civil Chamber of the Cour de cassation ruled on an earlier judgment that had found the claims time‑barred without reviewing the clauses. That judgment did not prevent their review Source [8]. In that case, the bank was having its claim admitted after the borrower was placed in judicial liquidation.

Finally, the Court did not limit in time the effects of the rulings of 9 July 2025 on borrowers paid in Swiss francs Source [9]. They apply to pending proceedings as well as to claims not yet brought. This is recent case law, liable to change.

What the lawyer checks on the dates.

Each claim is checked on its dates: signing of the offer, release of the funds, amendments, early repayment and any proceedings already brought. ACTIVE AVOCATS, a firm of the COGEP AVOCATS group, reads the loan offer and checks its dates. A specialised partner lawyer then analyses the eligibility of the claim, limitation included.

The programme’s eligibility test starts with a few questions about your loan, and the documents can then be uploaded from your online space. Our guide to the borrower’s remedies covers the whole process.

Frequently asked questions.

My loan was signed in 2005: is it too late?

A claim against the unfair clause is not time‑barred Source [1]. Restitution is claimed within five years of the decision that finds the clause unfair, unless the bank proves earlier knowledge Source [2] Source [6]. The lawyer checks the dates of your claim.

My loan was repaid several years ago: can I still bring a claim?

For the Court of Justice of the European Union, the end of repayment does not on its own start the restitution period Source [5]. Our article on the repaid Swiss franc loan covers this case.

I have already lost a case against my bank: what can I do?

A lawyer checks what the stage of your proceedings allows. On 12 June 2025, the Cour de cassation held that a judgment which had not reviewed the clauses did not prevent their review Source [8].

Does a ruling of the Cour de cassation start my time limit?

No, according to the Court of Justice of the European Union. On 19 March 2026, it held that the date of a ruling by the national supreme court on similar clauses does not start that period Source [7].