Mancata o inesatta valutazione del merito creditizio: quali rimedi per il consumatore?

The paper takes its cue from recent guidance issued by the Court of Justice of the European Union (CJEU) on the penalties applicable, in the field of credit to consumer, following a infringement of the information and assessment obligations incumbent on the creditor prior to the conclusion of the contract. In particular, the investigation, to be conducted in light of the innovations introduced by Directive 2023/2225/EU, as implemented by D.Lgs. n. 212/2025, will focus on the remedies that, at domestic level, the consumer may reasonably pursue in the event of a failure to assess or incorrect assessment of creditworthiness. Indeed, the Luxembourg judges have indicated, albeit indirectly, the potential inadequacy of the current remedy for damages to meet the requirements of effecti- veness and deterrence imposed by EU law, prompting interpreter to consider a possible alternative reconstructive proposal that would allow for the preservation of the contractual relationship and the protection of the consumer’s legal rights and interests.