loans denominated or indexed to CHF in the
amount of PLN 262,416 thousand before taking
into account the adjustment for the reduction of
contractual cash flows due to legal risk in the
amount of PLN 124,684 thousand. As described
in the Note 46
Legal risk connected with CHF
mortgage loans
in the separate financial
statements, the loan agreements based on which
these loans were granted, contain clauses
questioned by customers in courts due to
abusiveness. At the moment, the jurisprudence of
courts is not uniform, however there is a negative
trend for banks in relation to court judgments
(with the dominant line of jurisprudence declaring
the invalidity of loan agreements), which also
affects the increase in the number of court cases
brought by banks’ clients. At the same time,
banks decide to offer settlements to convert
foreign currency loans into PLN loans to their
customers, as proposed by the Chairman of the
Polish Financial Supervision Authority, or launch
other settlement programs resulting in the
conversion of a CHF loan into a PLN loan with
the simultaneous cancellation of a part of the
loan balance. The Bank developed settlement
proposals for clients and presented them to
particular groups of clients, which was also taken
into account in the applied model for estimating
the costs of legal risk.
The Bank estimated the impact of this situation
on the recoverability of the assumed cash flows
resulting from the concluded agreements for the
active portfolio of mortgage loans in CHF based
on paragraph B5.4.6 of IFRS 9 by adjusting the
gross carrying amount of the portfolio by reducing
contractual cash flows from mortgage loans
denominated or indexed to CHF and recognized
a provision for the legal risk of the CHF loan
portfolio in accordance with IAS 37
Provisions,
Contingent Liabilities and Contingent Assets
for
fully repaid loans and when the gross carrying
amount of the active loan was lower than the
value of the identified risk. The level of deduction
of the gross carrying amount of the active
portfolio estimated as at 31 December 2023 and
the level of provisions created amounted to PLN
3,414,432 thousand and PLN 624,354 thousand,
respectively, and the costs of legal risk
recognized in the separate income statement
amounted to PLN 2,081,557
thousand.
the following procedures:
•
we discussed with the Management Board and
specialists involved in estimating the provision,
including the Bank's external legal experts, the
assumptions made, taking into account
historical observations, including information on
court judgments, completed court cases and
the current number of new claims and
settlements, as well as the existing and
possible legal decisions, in particular the
decisions of the CJEU;
•
we assessed the scenarios adopted by the
Bank in terms of the expected number
of lawsuits against the Bank, prepared, among
others, based on the number of currently filed
lawsuits against the Bank based on the built
statistical model (so-called behavioural model).
In cooperation with our internal valuation
specialists, we conducted an assessment of
the assumptions made in the behavioural
model;
•
we assessed the assumptions adopted by the
Bank based on historical data to estimate the
likelihood of future settlements and the level of
losses incurred due to them;
•
we obtained directly from the Bank’s external
legal experts their assessment of the expected
scenarios of the resolution of court cases
together with an assessment of the probability
of these scenarios broken down into
homogeneous portfolios identified by the Bank,
grouped on the basis of individual clauses in
contracts;
•
in cooperation with our internal legal experts,
we analysed the documentation and legal
opinions received directly from the Bank's
external legal experts for the
purposes of
assessing the risk of losing the court
proceedings, as well as the probabilities of
particular scenarios of the court verdicts and
settlements;
•
we analysed the method of calculating the
value of probable losses for each scenario
assumed by the Bank based on the historical
data;
•
we assessed the adequacy of the model used
by the Bank to estimate the costs of legal risk
(including checking the correctness and
completeness of the data constituting the basis