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Tytuł

Redukcja kosztów w razie przedterminowej spłaty kredytu konsumenckiego w świetle orzeczenia TSUE C-383/18

Keywords

consumer credit, consumer, early repayment, total cost of credit, reduction of costs

Słowa kluczowe

kredyt konsumencki, konsument, przedterminowa spłata, całkowity koszt kredytu, redukcja kosztów

Abstract

The aim of the article is to examine the effects of the judgment of the Court of Justice of the European Union in case C-383/18 (Lexitor) on the functioning of the consumer credit market. The article does not constitute a comprehensive analysis of the discussed issue, but touches upon selected issues and interpretation doubts arising in connection with the above ruling in the context of the wording of the provisions of the Consumer Credit Act. The Court has interpreted the provisions of Directive 2008/48/EC with regard to the types of costs subject to reduction in the case of an early repayment of credit, however, the above ruling did not eliminate all the problems of interpretation. The article analyses first of all the problems of the correct transposition of Article 16(1) of the Directive into Polish law and its effects, as well as doubts concerning the methodology of calculating the reduction of consumer credit costs in the case of an early repayment.

Abstrakt

The aim of the article is to examine the effects of the judgment of the Court of Justice of the European Union in case C-383/18 (Lexitor) on the functioning of the consumer credit market. The article does not constitute a comprehensive analysis of the discussed issue, but touches upon selected issues and interpretation doubts arising in connection with the above ruling in the context of the wording of the provisions of the Consumer Credit Act. The Court has interpreted the provisions of Directive 2008/48/EC with regard to the types of costs subject to reduction in the case of an early repayment of credit, however, the above ruling did not eliminate all the problems of interpretation. The article analyses first of all the problems of the correct transposition of Article 16(1) of the Directive into Polish law and its effects, as well as doubts concerning the methodology of calculating the reduction of consumer credit costs in the case of an early repayment.

First Page

78

Last Page

91

Page Count

14

DOI

10.7172/2299-5749.IKAR.8.8.6

JEL Code

K12, K15, K23

Publisher

University of Warsaw

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