The article examines the statute of limitations for restitution claims arising from void credit agreements denominated in Swiss francs. It outlines the general rules of the Slovenian Obligations Code on the commencement of limitation periods and analyses the criteria developed in judicial practice concerning the limitation of claims for restitution based on void contracts. The general rule on the maturity of claims is supplemented by the introduction of a subjective element—namely, the moment when the consumer becomes aware, or ought to have become aware, of the ground for nullity. The article further analyses the evolving case law of the EU Court of Justice, which permits limitation periods for consumers’ restitution claims but emphasises that such periods may not begin to run before the consumer has had an effective opportunity to become aware of the unfairness of the contractual terms and the legal consequences of nullity. The Slovenian Supreme Court likewise relies on this case law and, in its latest judgments, situates the criteria for the subjective commencement of the limitation period within the framework of insurmountable obstacles under Article 360 of the Obligations Code, linking them to the standard of a diligent consumer. The author presents various potential starting points for the limitation period considered by Slovenian courts and evaluates their appropriateness in light of the case law of both the CJEU and the Slovenian Supreme Court. He warns of the risk of legal uncertainty if subjective criteria are defined too broadly or inconsistently. He concludes that, based on the standard of the average prudent consumer and taking into account the concept of insurmountable obstacles, the limitation period for claims arising from credit agreements in Swiss francs began, in most cases, at the time when widespread media coverage of the potential nullity of such agreements emerged, and the first lawsuits were filed.
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