Banking Law, Supreme Court of Cassation

usurper interests – global effective rate – maximum uncovered commission –

The 1st Civil Section of the Supreme Court of Cassation with interlocutory order no. 15188 of 20/06/2017 has given the First President, for the possible assignment to the Unions Sections, the issue of contrast, as well as considered to be of particular importance, if the new discipline on the subject of maximum open commission introduced by the art . 2-bis of l. n. 2 of 2009 is of a genuine interpretation of the law on wear, or is innovative in nature, as it is intended to establish, only for relations arising after the entry into force of that law, the limit beyond which the interests are always usurped , pursuant to art. 644, paragraph 3, with the consequence that, with reference to the previous reports, the determination of the overall effective rate for the purpose of assessing the usurpatory nature of the interests applied must take place without taking into account the maximum amount of commission discovered.

Supreme Court of Cassation