Early loan repayment: a decree specifies the excluded fees

A decree published in the Official Journal of the French Republic No. 0214 of September 13, 2026, regulates the treatment of fees during the early repayment of a consumer loan. Decree No. 2026-861 of September 12, 2026, bearing NOR ECOT2621747D, inserts a new article D. 312-15-1 into the Consumer Code to specify which fees are not considered to be imposed by the lender. The text comes into force on November 20, 2026.

A Clarified Legal Framework

The decree, issued by the Ministry of Economy, Finance, and Industrial, Energy, and Digital Sovereignty, complements the existing provisions of the Consumer Code. It relies notably on article L. 314-1 and article L. 312-34, which govern the reduction of the total cost of credit in the event of early repayment.

The new mechanism determines which fees, during such a repayment, are not attributable to the lender for the application of this reduction. This is a clarification awaited by both borrowers and credit institutions, who need to know which costs can be passed on.

The Four Cumulative Conditions

To be excluded from the lender’s charge, fees must cumulatively meet four conditions:

• have been agreed upon between a third party and the borrower, unless the use of this third party was a condition imposed by the lender;
• have been invoiced by this third party;
• have been paid directly to this third party, including, where applicable, by the lender who advances the payment;
• not depend on the duration of the credit contract.

These criteria aim to distinguish fees actually borne by an independent third party from those resulting solely from the lender’s initiative. Only fees meeting all of these conditions escape attribution to the lender in the calculation of the reduction of the total cost of credit.

Code Update and Entry into Force

The decree also modifies article D. 351-1 of the Consumer Code, which lists the provisions falling under the regulatory part. The line relating to articles D. 312-15 to D. 312-19 and D. 312-21 to D. 312-25, originating from Decree No. 2016-884 of June 29, 2016, is replaced to isolate the new article D. 312-15-1, resulting from the present decree.

The text specifies that contracts in progress as of November 20, 2026, remain governed by the provisions of the Consumer Code and the Monetary and Financial Code in their wording prior to the entry into force of the decree. Therefore, the new rules apply only to contracts concluded after this date.

Territorial Scope and Execution

The provisions of the decree are applicable in the islands of Wallis and Futuna. The Minister of Economy, Finance and Industrial, Energy and Digital Sovereignty and the Minister of Overseas Territories are responsible, each within their respective jurisdiction, for the execution of the text.

For borrowers, this decree provides increased legal certainty: it clarifies the fees that may legitimately be withheld during early repayment and protects against abusive practices. For credit institutions, it establishes a predictable framework, reducing the risk of litigation regarding the reduction of the total cost of credit.

Official Reference: Decree No. 2026-861 of September 12, 2026, relating to consumer credit, NOR ECOT2621747D, published in the JORF No. 0214 of September 13, 2026.