06 Mar European Court of Justice – march 2025
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Article 10(2) – Duty to provide information – Annual percentage rate of charge – Modification of charges and commissions – Article 23 – National rules on penalties – Principle of proportionality.
ECJ, 13 Februray 2025, Case C 472/23, Lexitor.
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Article 10(2)(g) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC
must be interpreted as meaning that the fact that a credit agreement refers to an annual percentage rate of charge, which proves to be overstated because certain terms of that agreement are subsequently found to be unfair, within the meaning of Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, and, therefore, are not binding on the consumer, does not constitute, in itself, an infringement of the obligation to provide information laid down in that provision of Directive 2008/48.
Article 10(2)(k) of Directive 2008/48
must be interpreted as meaning that the fact that a credit agreement lists a certain number of circumstances justifying an increase in the costs connected with the performance of the agreement, without, however, a reasonably well-informed and reasonably observant and circumspect consumer being in a position to ascertain whether they have arisen and their effect on those costs, constitutes an infringement of the obligation to provide information laid down in that provision, where that indication is liable to call into question the possibility for that consumer to assess the extent of his or her liability.
Article 23 of Directive 2008/48, read in the light of recital 47 of that directive,
must be interpreted as not precluding national legislation which provides, in the event of infringement of the obligation to provide information imposed on the creditor in accordance with Article 10(2) of that directive, for a uniform penalty, consisting of depriving the creditor of its right to interest and charges, irrespective of the individual level of seriousness of such an infringement, where that infringement is capable of calling into question the possibility for the consumer to assess the extent of his or her liability.
