Abstract

According to the Lexitor ruling of the European Court of Justice, consumers have the right to a reduction of all costs, i. e. including costs independent of the term, in the event of premature repayment of credit. National courts now have to consider this judgement in their finding of justice, but are not allowed to decide against legem. In the author's opinion, this result can be achieved - within the framework of an interpretation of § 16 (1) VKrG in conformity with the Directive - without violating the contra legem principle.

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