I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
C series
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(C/2025/3498)
Language of the case: German
Landgericht Ravensburg
Applicants: UR, VM
Defendant: VR Bank Bodensee-Oberschwaben eG
When calculating fair and objective compensation to which the creditor is entitled for costs directly linked to the early repayment of credit pursuant to Article 25(3) of Directive 2014/17/EU, (<span class="oj-super oj-note-tag">1</span>) must the fact that the creditor has the opportunity to grant, as new credit, the remaining amount of the credit repaid early by the borrower be regarded as having a loss-reducing effect?
If answered in the negative:
In what other way can the referring court ensure that the creditor is not enriched by the hypothetical calculation of compensation pursuant to Article 25(3) of Directive 2014/17/EU?
Does EU law allow the creditor to apply negative interest rates with respect to the hypothetical reinvestment of the amount of the credit repaid early when calculating the fair and objective compensation referred to in the first question above?
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(1) 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 (OJ 2014 L 60, p. 34).
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ELI: http://data.europa.eu/eli/C/2025/3498/oj
ISSN 1977-091X (electronic edition)
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