The Court considers that the legal interest of the Consumer Protection Commission to bring a collective action for annulment of credit agreement clauses does not disappear even if the trader has not entered into any individual contract with a consumer for that credit product. At any given time, there is a possibility for such a contract to be concluded. In that regard, the Court held that the trader was actively offering the credit product, since it was apparent from the explanations set out by him in the course of the proceedings that he had taken action to correct the disputed clause.
The Court considers that this clause of art. 7. 2. of the of credit agreement violates art. 10a of the Consumer Credit Act, which prohibits the creditor to demand payment of fees and commissions for actions related to the absorption and management of the loan. The clause provides for three different fees: a management fee, a notification fee, and an extension fee. Furthermore, in their economic nature, these fees are directly related to the management of the credit and something which the trader is not legally entitled to charge.
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