a judgment (Appeal No. 08-20403) dated January 14, 2010, 1st Civil Chamber of the Court of Cassation ruled particularly important.
By this decision, the Court of Cassation upheld the decisions of many courts of Proceeding on the withdrawal form to be included on the loan offer given to the borrower on concluding a credit agreement consumption.
Under this ruling, the Supreme Court finds, in accordance with articles L 311-8, L 311-13, R 311-13 and L 311-7 of the Code of Consumer that the lender who has extended credit following a prior offer does not include a detachable form of withdrawal should be deprived of his right to interest.
This decision, which will apply in particular to all contracts of revolving credit, therefore means that each time a credit institution will not be able to prove that the offer loan given to the borrower in fact contain a schedule of withdrawal, he will lose his right to interest, the borrower becomes bound to the reimbursement capital, net of interest, including those already paid.
The full text of this decision is:
Whereas the People's Bank Toulouse-Pyrenees, became the Banque Populaire Occitane, has assigned Mr. X. .. in payment of sums due under the outstanding balance of a deposit account, a mortgage and a personal loan, and that it has particular interests have disputed claims in respect of the debit balance of the account and claimed the revocation of the bank's right to interest earned on the mortgage and personal loans;
The second part of the single main appeal:
Viewed Articles L. 311-8, L. 311-13, R. 311-7 and L. 311-13 of the Consumer Code;
Whereas it results from the combination of these texts that the lender who has extended credit following a prior offer does not include a detachable form of withdrawal should be disqualified from interests, and that to deny the request of Mr. X. .. for revocation of the bank's right to interest because it does not justify having given him an offer with a detachable form of withdrawal, the Court of Appeal held that this penalty only applied to non-compliance with the provisions of Articles L. 311-8 to L. 311-13 relating to the prior offer, in so ruling, the appeals court violated the aforesaid provisions;
And whereas none of the grounds of appeal would be likely to permit the admission this appeal;
THEREFORE, without any need to rule on the first part of the single main appeal:
BRAIN AND VOID, but only in that it condemned MX .. payable to the People's Bank Occitan sum of 16 746, 94 euros in loan No ..., the ruling April 14, 2008, between the parties, the Court of Appeal of Pau shall, therefore, on this point, the cause and the parties in the state where they were before said stop, and to be granted, the returns before the Court of Appeal of Pau, a differently constituted;
condemns the People's Bank Occitan costs;
Viewed Article 700 Code of Civil Procedure, condemns the People's Bank to pay Occitan X. .. $ 2 000; rejects the request of the Banque Populaire Occitane;
The second part of the single main appeal:
Viewed Articles L. 311-8, L. 311-13, R. 311-7 and L. 311-13 of the Consumer Code;
Whereas it results from the combination of these texts that the lender who has extended credit following a prior offer does not include a detachable form of withdrawal should be disqualified from interests, and that to deny the request of Mr. X. .. for revocation of the bank's right to interest because it does not justify having given him an offer with a detachable form of withdrawal, the Court of Appeal held that this penalty only applied to non-compliance with the provisions of Articles L. 311-8 to L. 311-13 relating to the prior offer, in so ruling, the appeals court violated the aforesaid provisions;
And whereas none of the grounds of appeal would be likely to permit the admission this appeal;
THEREFORE, without any need to rule on the first part of the single main appeal:
BRAIN AND VOID, but only in that it condemned MX .. payable to the People's Bank Occitan sum of 16 746, 94 euros in loan No ..., the ruling April 14, 2008, between the parties, the Court of Appeal of Pau shall, therefore, on this point, the cause and the parties in the state where they were before said stop, and to be granted, the returns before the Court of Appeal of Pau, a differently constituted;
condemns the People's Bank Occitan costs;
Viewed Article 700 Code of Civil Procedure, condemns the People's Bank to pay Occitan X. .. $ 2 000; rejects the request of the Banque Populaire Occitane;
Yann Gre - Lawyer the Court, all rights reserved. www.yanngre.com 
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