Germany
Multitude has updated the terms and
conditions applicable to this market following
the coming into force of two laws in June
2021. The first law amended the model of the
withdrawal information for general consumer
loan agreements, in response to the decision of
the European Court of Justice (ECJ) 26.03.2020
– C-66/19. The second law concerned different
withdrawal notices that apply to loans not
considered consumer credit and other financial
services. Further legislative amendments in
Germany during 2021 concerned reducing costs
to customers in the case of early repayment
of loan agreements and the assigning by
consumers of their rights under the agreement.
Malta
The CRDV, which is primarily applicable
to the operations of Ferratum Bank, was
transposed into the Maltese legislative
framework through amendments that were
signed off into law on 28 December 2021. As
a result, a number of amendments were made
to primary acts and subsidiary legislation,
including the European Passport Rights for
Credit Institutions Regulations and the Banking
Act (Supervisory Review) Regulations. Several
regulations forming part of this framework are
yet to come into force.
A regulation governing moratoria on credit
facilities, as well as a directive issued by the
Central Bank of Malta (CBM), came into force on
13 April 2020. This was updated in June 2020
and January 2021. Banks are obliged to grant
a temporary moratorium on credit facilities/
loans to support economically vulnerable
persons who have been materially affected by
the exceptional circumstances brought about
by the COVID-19 outbreak. The moratorium is
not automatic and must be applied for by the
customer. A regulation that entered into force
in January 2021 allowed customers granted a
moratorium to extend this period to 9 months,
subject to several conditions being met.
Poland
Multitude has also been carefully tracking
a number of legislative changes discussed
on the Polish market. They cover a range of
areas, such as the amendment to many acts
adjusting the thresholds of non-interest costs,
the definition of what constitutes non-interest
costs, costs of services that are additional
to the granting of credit and new rules on
creditworthiness assessments. Other proposed
legislative measures being monitored include
draft amendments on competition and
consumer protection and the proposed transfer
of functions from the office of the Financial
Services Ombudsman (FOS) to the remit of
the Office for Competition and Consumer
Protection (OCCP).
Amendments to the Civil Code affecting
certain contractual obligations were signed
into law in December 2021. They will come into
force in mid-2022, while in December 2021, the
Monetary Policy Council decided to increase
the Lombard rate to 2.75% annually, with effect
from 5 January 2022.
Romania
In Romania, legislative amendments were
passed on creditworthiness assessments related
to instances where loans are paid out to repay
previously granted loans. In such cases, banks
are given more freedom in the creditworthiness
assessment policies. There have been further
changes to the regulations on prudential
requirements for credit institutions, based on
the CRD V.
Sweden
As part of the transposition into Swedish
law of Directive (EU) 2019/2161, a number
of measures covering repeated violations of
marketing law are being considered for inclusion
in the draft law. It is proposed that the new rules
enter into effect in July 2022. Additionally, the
Swedish FSA has proposed new general advice
on consumer credits to replace general advice
FFFS 2014:11. The new proposal encompasses
changes to its current guidance on good lending
practices and credit assessments. Most of the
proposed rules align with EBA’s Guidelines on
Loan Origination and Monitoring.
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