Without answering the question of retroactivity, the full text of the resolution (6/2026) was published at noon on Friday. Supreme Court, for its loans Katseli law.
As regards how to calculate doses, the decision is clear: (...) to which the reply relates that, in the teleological interpretation of Article 9(2) of Law 3869/2010, the interest rate must be calculated on the monthly installment and not on the principal of the debt, as indicated above. It refers the case to the Court of First Instance (former Court of Justice) of Ioannina for the completion of its trial."
On the contrary, there is no reference cthe question of the retroactive effect of the decision: In short, remains unclear if the borrowers have to date paid the amounts of the instalments with the interest calculated on the whole capital rather than on the amount awarded; are now entitled to receive reimbursement of the sums (or this being offset by the total debt) which they have unduly paid.
See here the full text of the decision:
The reasoning
In the multi-page decision of the Supreme Court it also explains why interest on the total capital rather than on the installment contrary to the letter and purpose of Law 3869/2010:
«The opposite interpretation, i.e. the calculation of the interest rate on the total debt capital, defined under Article 9(2) of Law 3869/2010, without seeing a new loan product with the debtor's creditor, possibly expected on the basis of banking practice, as it allows the creditor to obtain a profit, would in this case lead to the borrower's re-carriage in excessive instalments, exceeding its financial possibilities, thereby circumventing the spirit and purpose of the law. Different treatment would advance the satisfaction of creditors at the expense of the debtor's human dignity, even his survival, a situation that is not accepted by the letter and the purpose of Law 3869/2010».
Special reference shall be made and on the issue of over-charge for households, where noted:
Excess liability is highlighted in one of the critical social problems, dthat an important part of the citizens has been led to marginalization, as, by not having serious purchasing power and the possibility of disengaging from over-charge, they are unable to plan their participation in economic and social life.
By law 3869/2010 it was given exactly the possibility for over-indebted citizens who have a proven and permanent inability to serve their debts in order to regulate their repayment in more favourable terms and to be relieved from them, if they serve for a certain period of time, on the basis of their income, a part of their debts and their property is liquidated, other than their principal residence, for which a significant price must also be paid, which is close to its actual value.
According to the explanatory statement of Law 3869/2010 the possibility of regulating the natural person of his debts, with exemption from them, finds its legalisation directly to the social rule of law itself, which requires that the citizen not be abandoned in a situation from which creditors cannot profit. Such a debt exemption does not, however, cease to serve the general interest as citizens with the statutory regulation and exemption from their debts essentially regain their purchasing power through these procedures, promoting economic and social activity, and their reintegration into society as a whole . The aim of these provisions is to restore the over-indebted citizen to economic and social life by regaining economic freedom resulting from the elimination of debts that he is unable to repay.
The full plenary decided by a majority of 35 in favour and 12 that the calculation of the interest of borrowers subject to the Katseli Act should be calculated in their monthly instalments rather than in the total amount of the loan.
The case had been discussed on 27.2.2025 in the full (great) plenary of the Supreme Court, with the old leadership of the Supreme Criminal Court, i.e. chaired by Joanna Klapa and prosecutor Georgia Adeline.
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