Share

Constitutional Court: the bank-saving rule is illegitimate

The Consulta rejected the amendment on compound interest (calculation of interest to the detriment of the counter player) included in the Milleproroghe, declaring it unconstitutional in today's ruling - For the bank-saving rule, the crux was the times and methods for any appeals against credit institutions by current account holders.

Constitutional Court: the bank-saving rule is illegitimate

The Constitutional Court resolved on the amendment on compound interest, a term used to indicate the calculation of interest to the detriment of the account holder, contained in the Milleproroghe, declaring it unconstitutional.

With this ruling, which collects orders from nine different courts, the Consulta definitively rejects the so-called bank-saving rule. The practice of anatocism has been prohibited since 2000, but the times had to be established for any appeals against the banks that would have practiced it. 

In the past, the Court of Auditors had already intervened in this sense, establishing that the creditor could sue the banks, to regain illegitimate interests, within 10 years of closing the account. The Milleproroghe rule, on the other hand, established a different term, 10 years, that is, starting from the day on which the debit was registered. This deadline, however, would have made it impossible for anyone to appeal.

 

comments