(AGENPARL) – gio 09 febbraio 2023 Dear All,
Please find attached press release in respect of Case C-555/21:
The consumer’s right, in the event of early repayment of his or her mortgage credit, to a reduction in the total cost of the credit does not include costs that are not dependent on the duration of the agreement
The consumer can therefore claim only a reduction in interest and in costs that are dependent on the duration of the agreement
Kind regards,
Anna Rizzardi
Trainee
Press & Information Unit
Rue du Fort Niedergrünewald
L-2925 Luxembourg
[curia.europa.eu](https://www.curia.europa.eu/)

Testo Allegato:
Communications Directorate

Press and Information Unit

curia.europa.eu

PRESS RELEASE No 25
/23

Luxembourg,
9

February

2023

Judgment of the Court

of Justice

in Case
C
–
555
/21 | UniCredit Bank Austria

The consumerâ??s right, in the event of early repayment of his or her
mortgage credit, to a reduction in the total cost of the
credit does not
include costs that are not dependent on the duration of the
agreement

The consumer can therefore claim only a reduction in interest and in costs that are dependent on the duration
of the agreement

Verein für Konsumenteninformation (VKI),
a
consumer protection association, challenges before the Austrian courts
a standard term used by
UniCredit Bank Austria

in its mortgage credit agreements regarding early repayment of the
credit by the consumer.

According to that term, in that event,
interest

and costs that are dependent on the duration
of the
agreement

are to decrease proportionally, whereas â??the processing costs that are not dependent on the
duration of the agreement will not be reimbursed (even proportionally)â??.

VKI

argues that the costs th
at are not dependent on the duration of the agreement should also
decrease

proportionally.

It relies in that regard on Directive 2014/17 on credit agreements for consumers relating to
res
idential immovable property. That

directive requires Member States to

ensure that the consumer has a right to
discharge fully or partially his or her obligations under a credit agreement prior to the expiry of that agreement. It
provides that, in such cases, the consumer is entitled to a reduction in the total cost of the c
redit, such reduction
consisting of the interest and the costs for the remaining duration of the
agreement
.

The Austrian Supreme Court
referred a question to the Court of J
ustice on that point.
It
D
irective 2014/17

precludes national

legislation providing that the right of the consumer to a reduction
in

the total cost of the credit in the event of early repayment of the credit covers only interest and costs that
are dependent o
n the duration of the agreement.

The Courtâ??s answer to tha
t question is that Directive
2014/17

does not preclude such legislation.

According to the Court, the right to reduction in question aims
to adapt the credit agreement according to the
circumstances of the early repayment.
That right does not, therefore, in
clude costs which, irrespective of the
duration of the
agreement
, are payable by the con
sumer to either the creditor or
third parties

for services
previously rendered in their entirety at the time of early repayment.

However, in order to protect consumers
from abuse,
it is for the national courts to satisfy themselves that the costs
which are imposed on consumers, irrespective of the duration of the credit agreement, do not objectively constitute
remuneration of the creditor for temporary use of the capital

or for services which, at the time of early repayment,
The creditor is, in that connection, required to show whether the costs
concerned are regular payments
.

Communications Directorate

Press and Information

Unit

curia.europa.eu

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NOTE:

A reference for a preliminary ruling allows the

courts and tribunals of the Member States, in disputes which
Union law or the validity of a European Union act. The Court of Justice does not de
cide the dispute itself. It is for the
national court or tribunal to dispose of the case in accordance with the Courtâ??s decision, which is similarly binding on
other national courts or tribunals before which a similar issue is raised.

Unofficial document f
or media use, not binding on the Court of Justice.

The
full text

of the judgment is published on the CURIA website on the day of delivery.

Press contact: Jacques René Zammit
â??

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he judgment are available from ‘
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