Case law 4 min read

Swiss franc loans in the border area: who can claim?

Haute‑Savoie, Pays de Gex, the French Genevois, Doubs, Alsace: Swiss franc loans in the border area and what the courts decide.

Hello Justice, editorial team

The snow‑covered summit of Mont Blanc lit by the setting sun.
Mont Blanc.

Swiss franc mortgages were very widely distributed along the Swiss border: Haute‑Savoie, the Pays de Gex, the French Genevois, the Doubs, Alsace. Any borrower who took out such a loan for a property in France can have it checked. This holds for cross‑border workers and other borrowers alike, even if the loan has been repaid.

An area heavily exposed to these loans.

Between 2002 and 2015, banks offered French borrowers mortgages denominated in Swiss francs or indexed to that currency. These borrowers were notably cross‑border workers and buy‑to‑let investors.

More than 230,000 people today live in France and work in Switzerland (Swiss Federal Statistical Office, cross‑border commuter statistics, third quarter of 2025) Source [1]. Borrowing in the currency of one’s salary could seem safe. But the property financed is located in France and is valued in euros.

The border territories.

The French side of the Swiss border runs through Haute‑Savoie, the Ain, the Jura, the Doubs, the Territoire de Belfort and the Haut‑Rhin, in Alsace. The Pays de Gex, in the Ain, borders Geneva, as does the Genevois area of Haute‑Savoie, around Saint‑Julien‑en‑Genevois and Annemasse.

The Hello Justice Swiss franc loan programme is not limited to this area. It covers mortgages denominated in or indexed to Swiss francs, taken out between 2002 and 2015 for a property located in France, whatever the département. ACTIVE AVOCATS, a firm of the COGEP AVOCATS group, checks the date on the loan offer.

The information days on the border.

Hello Justice and ACTIVE AVOCATS held two information days in Ferney‑Voltaire, in the Pays de Gex, on 28 October and 3 November 2026. The ACTIVE AVOCATS lawyers presented borrowers’ rights there and met the public in one‑to‑one meetings. Our report on the 3 November day covers its programme.

What the Cour de cassation decided.

On 9 July 2025, the Cour de cassation handed down two rulings with different outcomes. One, no. 24-19.647, holds that the exchange‑rate risk is assessed over the whole term of the loan Source [2]. The Court takes into account the borrower’s status as a cross‑border worker and the location of the property in France. This ruling thus opens the protection against unfair terms to borrowers paid in Swiss francs. This is recent case law, liable to change.

The other ruling, no. 24-18.018, upholds the clause of a bank that had clearly informed its client Source [3]. The loan dated from 2014. The borrower had signed the offer and two notices, including the document provided for by the recommendation of the French Prudential Supervision and Resolution Authority of 6 April 2012. This is recent case law, liable to change. Each claim is therefore judged on the documents handed over at signing.

What the rise of the franc has cost.

According to the European Central Bank’s reference rates, one euro was worth 1.6803 francs on 12 October 2007, and 0.9431 franc on 14 September 2026 Source [4]. An instalment of 1,000 francs therefore cost €595.13 at the first rate, and €1,060.33 at the second Source [4].

For a borrower who repays in euros, every rise of the franc makes the instalment heavier, as it does the outstanding capital. Our record of the rates from 2002 to 2026 sets out these rates year by year.

The borrower’s court.

The French Consumer Code gives a borrower who sues their bank a choice. They can choose a court with jurisdiction under the Code of Civil Procedure, or the court of the place where they lived when the contract was signed (article R. 631-3) Source [5]. Your lawyer takes this into account when summoning the bank.

Frequently asked questions.

I live in the Doubs or in Alsace: am I affected?

The programme covers mortgages denominated in or indexed to Swiss francs, taken out between 2002 and 2015 for a property located in France, in every département. The law firm checks the date on your loan offer.

I am a cross‑border worker paid in Swiss francs: am I affected?

Yes. Since the rulings of 9 July 2025, the exchange‑rate risk of a borrower paid in Swiss francs is assessed over the whole term of the loan Source [2]. This is recent case law, liable to change. Our article on cross‑border workers covers their situation.

I am paid in euros: am I affected?

The court reviews the exchange‑rate clause of your loan in light of the information the bank gave you. Our article on borrowers paid in euros covers this case.

How can I have my loan checked?

The programme’s eligibility test starts with a few questions about your loan. You then upload your documents from your online space, straight away or later. Having your claim checked is free, as are the eligibility test and the submission, and our guide to the remedies covers the whole process.

Sources

  1. 1.Swiss Federal Statistical Office, cross‑border commuter statistics, third quarter of 2025 (new tab) Back to reference 1 in the text
  2. 2.Cour de cassation, First Civil Chamber, 9 July 2025, no. 24-19.647, published, recent case law, liable to change (new tab) Back to reference 2 in the text
  3. 3.Cour de cassation, First Civil Chamber, 9 July 2025, no. 24-18.018, published, recent case law, liable to change (new tab) Back to reference 3 in the text
  4. 4.European Central Bank, euro foreign exchange reference rates, EUR/CHF series (EXR.D.CHF.EUR.SP00.A) (new tab) Back to reference 4 in the text
  5. 5.French Consumer Code, article R. 631-3 (new tab) Back to reference 5 in the text

Your Swiss franc loan may be annulled.

The programme is for borrowers whose loan was taken out between 2002 and 2015. Having your case checked is free, as are the eligibility test and the submission. If your case is accepted, you pay €300 incl. VAT when the summons is issued against your bank. This covers the court costs of the proceedings (stamp duty, judicial officer, local counsel). Hello Justice covers 100% of your lawyer’s fees, whatever the amount you borrowed. Only if the case succeeds, a success fee of 14% incl. VAT is due on the sums recovered and on the saving obtained on the outstanding capital. The sums awarded under article 700 and the costs go to the lawyer. If the case fails, you repay nothing to Hello Justice. If there is an appeal, Hello Justice also covers 100% of your lawyer’s fees, as well as local counsel before the court of appeal. Only the €225 appeal duty remains yours to pay.