Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2024-10/cp240182en.pdf

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PRESS RELEASE No 182/24

Luxembourg, 17 October 2024

Judgment of the Court in Case C-76/22 | Santander Bank Polska

Early repayment of a mortgage loan: the consumer can recover part of the commission linked to the granting of credit if he or she has not been informed that this commission is not dependent of the duration of the contract

The same applies if the consumer has paid that commission in a single instalment when concluding the mortgage agreement

In Poland, a consumer concluded a mortgage agreement for a period of 360 months. When concluding the credit agreement, she paid a commission linked to the granting of the loan, which was included in its total cost.

The consumer repaid this loan in full within 19 months. She asked the bank to refund her part of the commission in question, corresponding to the remaining duration of the contract, namely 341 months. Since her complaint was rejected by the bank, the consumer brought legal proceedings.

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