Taking into account the case of CEZAP vs CKB and the consequent impact on the entire banking system of Montenegro, the General Secretary of the UBCG nominated, and the presidency of the European Banking Federation accepted, that the issue of treatment by the court instances of the present members of the EBF be included in the agenda.
1) lawsuits against banks in connection with the collection of credit requests from bank clients (collection through a percentage), but to be heard experiences and
2) in collecting extraordinary tax from banks in the form of joint tax.
At the meeting itself, it could be heard that at the moment these are not issues that are present in any EU country, and thus are not being discussed in the European system , neither on the first nor on the second question. There have been attempts in the past in some countries, but it ended in favor of the banks.
In the explanation verdict of the High Court in Podgorica, Montenegro, the arguments of the law firm that represented the bank were not included, nor was there any mention of the effective interest rate, which includes all costs, and which is presented to the client before signing the contract with the annuity plan, prescribed by the Regulator-CBCG and thus comparable to the offer of various banks. This was explained in several judgments of the Basic Courts in Montenegro that ruled in favor of the banks.
At the mention of retroactivity, the surprise of those present was very noticeable, where it was clarified that no law or by-law in Montenegro called into question the legality of the collection of this fee, while of course emphasizing the consequent legal uncertainty that is caused to existing and potential investors.
The presentation of the case as a case of lesser value, which excludes the review of the verdict, was also mentioned. It was stated that we are familiar with the judgments of the Supreme Court of Austria, the Czech Republic and Serbia with a more detailed explanation of the history of the case, and the representative of Hungary stated that they no longer have these problems. The essence of the judgments is that banks have the right to charge fees for processing credit applications, without a detailed explanation of the cost structure.
At the meeting, after dealing with the aforementioned issues, it was stated that EBF support can be expected. -a in the presentation of the case for various countries that are members of the EBF.
