La giurisprudenza europea sulla trasparenza nei contratti del consumatore: spunti per un diverso approccio al trattamento normativo della disarticolazione negoziale dei costi connessi al credito

The problem of contractual disarticolation of credit cost is observed in the light of the european judgments concerning the necessary requirements that contractual terms on noninterest credit costs should respect to avoid the unfairness test under art. 3, Directive 93/13. In this perspective, the study proposes to analyse some issues closely related to establish the actual credit cost in consumer credit agreements. The first issue regards the legal treatment of costs in respect of ancillary services relating to credit agreement, when it is unintelligible if the conclusion of the service contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed, so that the total cost of the credit to the consumer remains uncertain. The second issue regards the conditions for reduction in the total cost of the credit, in the case of early repayment by the consumer to the creditor.