Correctness of implementation of Directive 2008/48/EC of 23 April 2008 as to national regulations of limits of non-interest credit costs — legal aspects

Abstract

The following article attempts to analyze Articles 36a–36d of the Act on Consumer Credits, recently introduced into Polish legislation. The author of the article defends the view that legal regulations, as adopted by the national legislator, have been a false attempt to implement Directive 2008/48/EC in the national legal order, as they allow for a classification of entrepreneurs’ business overhead costs as costs related to credit agreements to be borne by consumers. Furthermore, the following paper aims at presenting, in a synthetic way, the main trends represented in the case-related doctrine and judicial decisions.