Credit Agreements for Consumers in the Event of Early Repayment

by Carla Failla

Consistent interpretation is one of the main obligations related to the interpretation of national law in accordance with the acquis communitaire of the European Union. The main aspects of the principle of consistent interpretation will be highlighted in this article in order to analyze its application and its impact in a specific field, namely in the field of consumer credit. After examining the institution of consumer credit, with particular reference to early repayment, the Author analyses the challenges and difficulties in the application of the aforementioned principle in this matter. There will be some focus on the implementation of the Directive on credit agreements for consumers, with particular reference to the Italian legal system – taking into account the so called Lexitor case – which constitutes an interesting illustration of the necessarily binding effect of Court of Justice’s interpretation upon national courts.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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