Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Court of Justice on Article 16(1) of Directive 2008/48/EC on credit agreements for consumers
12 October 2023
The Court of Justice of the European Union, by judgment ECLI:EU:C:2023:775, dated 12 October 2023, in Case C-326/22 – in proceedings between Z. sp. z o.o., a Polish company, and A. S.A., a banking institution, concerning a request to obtain documents and information for the purpose of recovering a debt, of which Z. is the assignee, corresponding to the amount owed by the bank by virtue of the reduction in the total cost of the credit due to the early repayment of that credit – ruled that Article 16(1) of Directive 2008/48/EC on credit agreements for consumers must be interpreted as meaning that a consumer, within the meaning of Article 3(a) thereof, may request, from the creditor, a copy of that agreement and all information concerning the repayment of the credit not featured in the agreement itself, but which is necessary for verifying the calculation of the sum owed by the creditor by virtue of the reduction in the total cost of the credit due to its early repayment and for allowing that consumer to bring a possible action for the recovery of that amount.
The text is available here