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Case C-76/22, Santander Bank Polska: Judgment of the Court (Third Chamber) of 17 October 2024 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie – Poland) – QI v Santander Bank Polska S.A. (Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 25(1) – Early repayment – Consumer’s right to a reduction in the total cost of the credit – Article 4(13) – Concept of total cost of the credit to the consumer – Costs that are dependent of the duration of the contract – Commission for granting the credit payable when concluding the contract – Methodology for calculating the reduction)
ECLI:EU:UNKNOWN:62022CA0076
62022CA0076
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Official Journal of the European Union
C series
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C/2024/7133
9.12.2024
(Case C-76/22,
Santander Bank Polska)
(Reference for a preliminary ruling - Consumer protection - Directive 2014/17/EU - Credit agreements for consumers relating to residential immovable property - Article 25(1) - Early repayment - Consumer’s right to a reduction in the total cost of the credit - Article 4(13) - Concept of ‘total cost of the credit to the consumer’ - Costs that are dependent of the duration of the contract - Commission for granting the credit payable when concluding the contract - Methodology for calculating the reduction)
(C/2024/7133)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: QI
Defendant: Santander Bank Polska S.A.
Operative part of the judgment
1.Article 25(1) of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010
must be interpreted as meaning that, in the absence of information provided by the creditor enabling a national court to ascertain whether a commission charged when concluding a mortgage agreement falls within the category of costs that are independent of the duration of that agreement, that court must consider that such a commission is covered by the right to a reduction in the total cost of the credit referred to in that provision.
2.Article 25(1) of Directive 2014/17
must be interpreted as meaning that no specific methodology for calculating the amount of the reduction in the total cost of credit referred to in that provision stems from that provision.
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Language of the case: Polish
ECLI:EU:C:2024:7133
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ELI: http://data.europa.eu/eli/C/2024/7133/oj
ISSN 1977-091X (electronic edition)
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