indexed to CHF in the total gross amount of PLN
1,245 million before taking into account the
reduction of contractual cash flows due to legal
risk.
As described in Note 42.3 Risk management and
fair value – Legal risk related to foreign currency
mortgage loans in CHF of the separate financial
statements, the loan agreements on the basis of
which these loans were granted contain clauses
challenged by customers in court on charges of
abusiveness. At present, a negative trend for
banks is observed in relation to court judgments,
which affects both the increase in the estimated
probability of unfavorable decisions in disputes for
banks and the increase in expected future court
cases.
As described in Note 42.3, since 2 October 2023,
the Bank has been entering into voluntary
settlements with customers. Settlements with
customers result in the setting of a new debt
balance, expressed in PLN and calculated as the
amount of the loan paid by the Bank, increased by
contractual interest accrued at a fixed interest rate
of 2% per annum and reduced by all repayments
made by the borrower until the settlement was
concluded.
As at the balance sheet date, the Bank estimated
the costs to cover legal risk, both for the active
portfolio and for loans repaid before the balance
sheet date. In the separate financial statements,
the Bank recognized the estimate of these costs,
for active loans based on point B5.4.6 of IFRS 9
by adjusting the gross carrying amount of the
portfolio by reducing contractual cash flows from
mortgage loans in CHF, and in the case where the
estimated loss from legal risk exceeds the gross
carrying amount of the loan for repaid loans, as
well as in relation to costs related to a potential
loss of a legal dispute, including statutory interest,
by recognizing a provision in accordance with
International Accounting Standard 37 Provisions,
Contingent Liabilities and Contingent Assets (“IAS
37”). The estimated level of reduction of the gross
carrying amount of the active portfolio as at 31
December 2024 amounted to PLN 1,050 million,
while the level of provisions created amounted to
PLN 1,135 million.
recognition of legal risk, we began our work by
understanding and assessing the changes in the
methodology for estimating losses on legal risk of
CHF mortgage loans.
We focused on assessing the Bank’s approach to
estimating the costs of legal risk of CHF mortgage
loans, as well as the scope of disclosures included
in the separate financial statements.
Our procedures were mainly focused on critically
assessing the methodology and individual
assumptions adopted by the Management Board
that have a significant impact on the level of
reduction of the gross carrying amount of the
portfolio and recognised provisions.
In particular, we carried out the procedures listed
below:
•
we assessed the design and implementation of
monitoring and internal controls as part of legal
risk management and in the process of estimating
the reduction of the gross carrying amount of the
portfolio and recognised provisions;
•
we conducted discussions with the Management
Board and specialists, including the Bank’s
lawyers, on the adopted assumptions taking into
account historical observations;
•
we analysed the documentation and legal
opinions as well as historical data concerning
previous court judgments for the purposes of
estimating the probability of losing court disputes;
•
we analysed the methodology documentation;
•
we analysed the results of the backtesting of the
methodology for estimating the costs of legal risk
of mortgage loans in CHF;
•
credibility procedures:
o
we verified on a sample the restatements
in connection with the change in the
methodology for recognising the impact of
legal risk;
o
we analysed the results of the settlement
programme conducted;
o
we verified the assumptions adopted by
the Bank regarding the expected
resolutions of court cases, together with
the estimation of the probability of these
resolutions based on the current line of