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Raiffeisen a facut provizioane de 69 milioane lei pentru procesul pierdut cu ANPC privind clauzele abuzive din contractele de credit

Autor: Bancherul.ro
2020-12-26 10:03

Raiffeisen Bank a facut un provizion in valoare de 69 milioane lei pentru posibile pierderi rezultate in urma unui ordin emis de Autoritatea Nationala pentru Protectia Consumatorilor (ANPC) prin care banca este acuzata de clauze abuzive in contractele de credit prin majorarea dobanzilor la credite, fara informarea clientilor.


Raiffeisen a pierdut procesul cu ANPC la prima instanta, insa a facut recursa la Inalta Curte, termenul de judecata fiind 7 decembrie 2021.


Num─ârul dosarului de la ICCJ: 8763/2/2017.


Iata informatiile publicate de Raiffeisen Bank:


36. PROVISIONS (continued)


b. Order no 837 dated October 20, 2017 received from the National Authority for Consumer Protection


As of 20 October 2017, the Bank received from National Authority for Consumer Protection (further called „ANPC”) an order (no. 837) which requires the cancellation of an alleged incorrect practice of noninforming the customers about the future interest evolution upon loan origination.


In addition to a RON 50,000 fine, the Bank is required to bring the contracts to the situation before the illegal practice, including the issue of a new reimbursement plan, with the conditions applicable on signing date.


This is in contradiction with the effects of an order aimed at stopping a practice which has effects in the future and is not an action in cancellation which would have been retrospective.


At the date of these financial statements, the Order is definitively suspended and a litigation regarding its validity is ongoing.


In the first instance, the Bank lost the litigation with ANPC.


Still, the Bank has initiated the appeal at the High Court of Cassation and Justice, with an arraignment on December 7, 2021.


The decision of the first instance has no legal effect, taking into consideration that the Order is suspended until an irrevocably decision is made in this file.


For this legal dispute, the Bank calculated a provision based on all possible scenarios, which are weighed with probabilities in order to obtain the best estimated expected loss.


The value of this provision, as of June 30, 2020, is RON 69,086 thousand (December 2019: RON 67,931 thousand) and has been made as a result of losing the litigation in the first instance.