The Opinion of the Attorney General has been published in a case referred by the Polish courts to the ECJ on the interpretation of article 16 of the CCD. The question regarded whether the calculation of the reduction in the total cost of credit to be afforded to the customer in the event of early settlement should take account of charges that are unrelated to the term of the agreement.
The AG concluded that member states cannot limit the reduction due to the customer just to the amount of expenses saved by the lender as a result of the early repayment. Accordingly member states could transpose or interpret the relevant provision in the CCD either that the reduction should be made in proportion to the remaining duration of the contract; or that the reduction should correspond to the one-off or recurring payments not yet fallen due when the early repayment was due.
It should be noted that while the Opinion of the AG is not binding on the Court, it does tend to be followed.