Article published in the journal Nachhaltigkeitsrecht (NR).
New ECJ decision on early loan repayment
20 February 2023
For which costs will borrowers be reimbursed if they repay their loan early? This question was answered by the ECJ in 2019 in the Lexitor (C-383/18). The Court held that all costs must be repaid pro rata - including one-off payments.
However, recently our Banking Team achieved a major success before the ECJ with regard to real estate loans: if a borrower repays a real estate loan early, national law is allowed to limit the costs that have to be reimbursed on a pro rata basis. According to the ECJ, one-off costs, which are often charged in connection with real estate loans (e.g. processing fees, notary fees, land registry fees) can therefore be excluded from the reimbursement obligation.
DSC partner Markus Kellner explains the implications of the new ruling in an interview with Die Presse | Mein Geld (20.2.2023).
