Official Journal of the European Union

EN

C series

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C/2025/3500

7.7.2025

(Case C-239/25, Fincontinuo)

(C/2025/3500)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Fincontinuo SpA

Defendant: LF

Questions referred

1)In the context of national legislation providing for transparency and verification instruments that require lending institutions to quantify and apportion costs, in a transparent manner, according to their nature, dependent or non-dependent on the duration of the agreement, and to inform the consumer in advance, inter alia, by means of the SECCI form, does the system provided for in Article 16(1) of Directive 2008/48/EC (<span class="oj-super oj-note-tag">1</span>) of the European Parliament and of the Council of 23 April 2008, as interpreted by the Court of Justice in the Lexitor judgment (C-383/18) and in the light also of the principles expressed by the Court in the Unicredit Austria (C-555/21) and Santander (C-76/22) judgments, preclude an interpretation of that national legislation under which the reimbursement to the consumer of the ‘total cost of the credit’ covers only costs indicated as dependent on the duration of the credit agreement in the transparency documentation provided to the consumer?

2)Do the provisions of Article 16(1) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 preclude an interpretation of national legislation under which, in the event of reimbursement to the consumer of the ‘total cost of the credit’, the lending institute is not required to reduce proportionately the costs relating to the activities carried out by third parties during the pre-contractual stage, whether the relevant amounts are paid directly by the consumer or indirectly through the lending institute?

3)Does the general principle of EU law prohibiting unjust enrichment and Article 16(1) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 preclude an interpretation of national legislation according to which the reimbursement to the consumer of the ‘total cost of the credit’ also includes costs which are not dependent on the duration of the agreement and are payable in respect of services which have already been fully performed at the time of the early repayment of the credit, even where transparent and detailed information has been provided?

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 (OJ 2008, L 133, p. 66).

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ELI: http://data.europa.eu/eli/C/2025/3500/oj

ISSN 1977-091X (electronic edition)

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