{"id":240,"date":"2025-08-05T21:08:41","date_gmt":"2025-08-05T21:08:41","guid":{"rendered":"https:\/\/businessclaim.be\/?p=240"},"modified":"2025-08-05T21:12:23","modified_gmt":"2025-08-05T21:12:23","slug":"funding-loss-la-cour-dappel-de-bruxelles-confirme-un-jugement-rendu-en-faveur-dun-de-nos-clients-qui-avait-paye-une-indemnite-trop-elevee-a-sa-banque-dans-le-cadre-du","status":"publish","type":"post","link":"https:\/\/businessclaim.be\/en\/funding-loss-la-cour-dappel-de-bruxelles-confirme-un-jugement-rendu-en-faveur-dun-de-nos-clients-qui-avait-paye-une-indemnite-trop-elevee-a-sa-banque-dans-le-cadre-du\/","title":{"rendered":"FUNDING LOSS: the Brussels Court of Appeal confirms a ruling in favour of one of our customers who had paid too much compensation to his bank in connection with the early repayment of a loan."},"content":{"rendered":"<p class=\"wp-block-paragraph\">In a ruling handed down at the end of June 2025 in a dispute spanning several years, the Court of Appeal upheld the judgment handed down by the Tribunal de l'entreprise francophone de Bruxelles in a claim for repayment brought by a customer against his bank following the early repayment of his investment loan.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The bank refused to cap the compensation at 6 months' interest, as provided for by law since 2013, arguing that the contract at the heart of the dispute was not a loan contract but a credit opening contract.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">With great lucidity, the Court of Appeal upheld the judgement challenged by the bank on all points: the customer had no freedom to draw down the loan, the purpose of the credit agreement was clear - it was to finance works - and there were automatic monthly instalments, which invalidates the argument that the loan had been opened.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This ruling, in line with a body of case law now well developed by the Cour de cassation, confirms the importance for companies of seriously reviewing their contracts and, in a case such as that of early repayment of credit, asserting their rights. At stake: thousands of euros, sometimes dozens in some cases, that the company would rather have in cash than pay for interest calculated on sums that have already been repaid.<\/p>","protected":false},"excerpt":{"rendered":"<p>In a ruling handed down at the end of June 2025 in a dispute spanning several years, the Court of Appeal upheld the judgment handed down by the Tribunal de l'entreprise francophone de Bruxelles in a claim for repayment brought by a customer against his bank following the early repayment of his investment loan.<\/p>","protected":false},"author":1,"featured_media":245,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-240","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-actualites"],"acf":[],"_links":{"self":[{"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/posts\/240","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/comments?post=240"}],"version-history":[{"count":1,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/posts\/240\/revisions"}],"predecessor-version":[{"id":242,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/posts\/240\/revisions\/242"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/media\/245"}],"wp:attachment":[{"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/media?parent=240"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/categories?post=240"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businessclaim.be\/en\/wp-json\/wp\/v2\/tags?post=240"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}