Updated September 28, 2026 · Answers written by David Dana, attorney at the Paris Bar.
Answers to the questions most often asked by cross-border workers who took out a mortgage loan in Swiss francs.
I was paid in Swiss francs: can I take action?
Yes. In two rulings of July 9, 2025 (Cass. 1re civ., No. 24-19.647 and No. 24-18.018), the Cour de cassation held that the borrower’s status as a cross-border worker is one of the circumstances to be taken into account. The bank had to explain transparently how the loan would actually work over its entire term, and in particular the effect of a significant depreciation of the euro on the repayments. Being paid in Swiss francs at signing therefore did not relieve the lender of this duty to inform.
It makes no difference, in this respect, that you were somewhat familiar with the Swiss franc: consumer status is assessed objectively, regardless of the person’s knowledge (CJEU, September 21, 2023, mBank, C-139/22).
Have courts already ruled in favor of cross-border workers?
Yes. Since January 2025, DANA Avocats has obtained the annulment of Swiss franc loans granted to borrowers who were paid in Swiss francs, before the first-instance courts of Ain, Haute-Savoie, Doubs, Alsace and Moselle, and through four rulings of the Courts of Appeal of Lyon, Chambéry and Besançon. These decisions set aside the distinction once drawn according to the currency in which the borrower was paid. Each case nevertheless remains subject to the court’s assessment.
My loan is old or already repaid: is it too late?
Not necessarily. A claim to have an unfair term deemed unwritten is not subject to any limitation period. A claim for restitution of the sums paid is, but the period in principle runs only from the decision finding the term unfair (Cass. 1re civ., July 12, 2023). In two rulings of September 17 and November 5, 2025, the Cour de cassation specified that the bank may set this rule aside if it proves that the borrower knew, or could reasonably have known, that the terms were unfair before that decision. This issue is decided case by case. A loan that has been paid off, including by early repayment upon the sale of the property, can be reviewed.
My contract includes a notice on exchange-rate risk: is a claim still possible?
It depends on its content. The notices provided for loans concluded before 2012-2013 generally contain neither simulations nor worked figures: their clarity can be challenged under the criteria of the Court of Justice of the European Union (CJEU, September 20, 2017, Andriciuc, C-186/16) and of the Cour de cassation. More recent loans should have come with precise simulations, which was not always the case. Send us the notice and we will review it.
What are the consequences of annulling the loan?
If the court annuls the loan, the installments stop and each party returns what it received. The bank refunds the sums paid (installments, interest, insurance premiums, fees), converted into euros at the exchange rate on the date of each payment; the borrower returns the capital received in euros at the time of purchase. Depending on whether the borrower has already paid more or less than that capital, the bank refunds the difference or the borrower owes it a balance, for which the court may grant time to pay.
Should I keep repaying during the proceedings?
Yes. Until a decision has annulled the contract, it remains binding on you. Stopping payments would expose you to acceleration of the loan and to enforcement proceedings, or even the seizure of the property.
Can I sell the property during the proceedings?
Yes. You will have to repay the bank the outstanding capital, converted into euros at the exchange rate on the date of the sale. If the loan is later annulled, the sums paid at that time will be included in the calculation of restitution.
Do I have to attend court?
No. The procedure is in writing: the lawyer drafts the pleadings, argues the case and represents you at every stage. You are kept informed of the progress of the case and may attend the hearing if you wish.
My loan was taken out with a Swiss bank: what difference does that make?
The contract is in principle governed by Swiss law, and the competent court must be determined. The protective rules of French consumer law may nevertheless, under certain conditions, apply when the borrower is domiciled in France. Some contracts of Swiss subsidiaries of French banks in fact provide for French law and the jurisdiction of the French courts. Each contract must be examined.
How long do the proceedings take?
At first instance, roughly twelve to eighteen months. An appeal usually adds twelve to eighteen months, and an appeal to the Cour de cassation about one year. The first-instance judgment is in principle enforceable, even if the bank appeals.
How do I submit my case?
Upload your documents (loan offer, notarial deed, amortization schedules, information notice) via our online form (in French). An initial video call then lets us review your situation. For any questions: contact@dana-avocats.fr.
Regional pages
Rulings obtained by the firm and competent courts: Haute-Savoie & Pays de Gex · Doubs & Jura · Alsace · Moselle.