Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » Bank lender can be penalised for not including all information: EU Court

    Bank lender can be penalised for not including all information: EU Court

    npsnps10 November 2016Updated:25 June 2024 Finance
    — Filed under: Consumer EU Law EU News
    Share
    Facebook Twitter LinkedIn Pinterest Email
    Bank lender can be penalised for not including all information: EU Court

    Photo © Yanchenko – Fotolia

    (LUXEMBOURG) – Failure by a lender to include all essential information in its credit agreement with a consumer could deprive the lender of entitlement to interest and charges, the EU’s top court has ruled.

    The case concerned a Slovakian bank, Home Credit Slovakia, which had granted a consumer a loan of EUR 700 without specifying in the credit agreement certain information relating to the loan, such as the annual percentage rate of charge (APR).

    The agreement provided that the lender’s general terms and conditions also formed an integral part of the agreement. By entering into the agreement with her signature, the consumer confirmed having read and understood the general terms and conditions, even though she did not sign a copy of them.

    The lady stopped repaying the loan after the first two monthly repayments, following which the bank brought an action against her seeking payment of capital, default interest and late payment penalties.

    In its judgment, the European Court of Justice notes that that directive does not require credit agreements to be drawn up as a single document. However, by making reference to another document stated as an integral part of the agreement, that document covering all the consumer’s rights and obligations needs to be on paper or another durable medium and must actually be given to the consumer prior to conclusion of the agreement.

    The Court also observes that, even though the directive does not require a credit agreement drawn up on paper to be signed, it does not preclude national legislation which makes the validity of such agreements subject to the requirement that it be signed by the parties, even where that requirement applies to all the documents containing the essential details of the agreement.

    Lastly, the Court held that failure by a lender to include in the credit agreement all the information which, under the directive, must necessarily be included in such an agreement may be penalised by Member States by forfeiture of entitlement to interest and charges where failure to provide such information may compromise the ability of a consumer to assess the extent of his liability.

    This, said the Court, applies to mandatory information such as the APR, the number and frequency of payments to be made by the consumer, notarial fees and the sureties and insurance required by the lender.

    Judgment in Case C-42/15 – Home Credit Slovakia, a.s. v Klara Biroova – case documents

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Fitto - Mînzatu - Photo © European Union 2026

    EUR 34.6 bn cohesion funds reallocated to EU’s strategic priorities

    ESM

    Procurement Officer, European Stability Mechanism, ESM

    Parmelin - von der Leyen - Photo by Dati Bendo © European Union 2026

    EU and Switzerland strengthen ties with package of agreements

    EUSPA logo

    Financial Officer, European Union Agency for the Space Programme, EUSPA

    Raffaele Fitto - Photo by Bogdan Hoyaux © European Union 2026

    EU to step up support for states bordering Russia, Belarus and Ukraine

    Tax haven - Photo by John Prefer on Unsplash

    EU adds Vietnam and Turks & Caicos Islands to tax havens blacklist

    LATEST EU NEWS
    House sparrow - Photo by Alexas Fotos on Pexels

    Brussels issues guidance for ‘more balanced’ rules on protecting wild birds

    1 April 2026
    Bankruptcy - Image by Michael Schüller from Pixabay

    EU Council greenlights common EU rules for insolvency proceedings

    30 March 2026
    European-made armoured vehicles - Photo © European Union 2025

    Brussels EUR 1.5 bn work programme to boost European and Ukrainian defence industry

    30 March 2026
    Trade port cargo - Image by Pexels from Pixabay

    Landmark deal for reform of EU Customs Union

    27 March 2026
    E-commerce - Photo by Antoni Shkraba Studio on Pexels

    1 in 3 online traders in Europe incorrectly displayed discounts on Black Friday and Cyber Monday

    26 March 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?