#62025CJ0065EU Court clarifies rules for bulk sales of non-performing loans
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The ruling clarifies that EU anti-money-laundering rules do not, by themselves, require a bulk assignment contract for non-performing loans to be in writing or require the buyer of those loans to be under prudential supervision. The decision matters for banks, credit purchasers, debt servicers, borrowers, and courts handling enforcement disputes. It supports national systems that allow non-performing loan portfolios to be transferred without adding extra formal requirements, while leaving ordinary proof, consumer protection, and enforcement rules to national law.
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Key Changes
- EU anti-money-laundering law does not automatically require written contracts for bulk transfers of non-performing loans.
- Buyers of non-performing loan portfolios are not automatically required by those rules to be prudentially supervised.
- National courts remain responsible for applying domestic proof, enforcement, and borrower-protection rules.
Obligations
What this law requires
Directive (EU) 2015/849 does not itself require a contract for the bulk assignment of non-performing loans to be concluded in writing.
Directive (EU) 2015/849 does not itself require the assignee or purchaser of non-performing loans to be subject to prudential supervision merely because it acquires those loans.
The ruling concerns whether national legislation may allow bulk transfers of non-performing loan portfolios without imposing additional written-form or prudential-supervision requirements under EU anti-money-laundering law.