Cookies

By clicking "Allow All", you agree to the use of cookies to enhance website functionality, analyse website usage and assist with marketing.

More on cookies

Con­cern­ing the ad­vis­ory opin­ion of the EFTA Court

Austurbakki
24 May 2024

Today, the EFTA Court delivered an advisory opinion regarding interpretation of certain provisions of EU directives relating to consumer housing mortgages. The directives have been incorporated into the EEA Agreement and transposed into Icelandic law by acts of Parliament. The opinion was delivered at the request of district courts for two court cases that have been brought against Landsbankinn, on the one hand, and Íslandsbanki, on the other. The cases concern contractual provisions governing the grounds for interest rate changes on housing mortgages.

The EFTA Court does not rule on the validity of provisions governing interest rate changes for housing mortgages in Iceland, as this is the role of the Icelandic courts.

The opinion of the EFTA Court includes an interpretation of the provision of the Mortgage Credit Directive no. 2014/17/EU, which stipulates the conditions for interest rate changes for housing mortgages. This provision has been implemented into Icelandic legislation, i.e. Act no. 118/2016 on Mortgage Lending to Consumers. However, the Icelandic Act also contains an additional rule on conditions for interest rate changes that are not included in the Mortgage Credit Directive.

The Court's advisory opinion concludes that the use of elements other than reference indexes or reference rates for determining interest rate changes is possible, noting that requirements for clarity, accessibility, objectivity and verifiability should also apply to such elements. Furthermore, the Mortgage Credit Directive requires that terms and information provided to the consumer must be formally and grammatically intelligible, enabling the consumer to understand the methods used for determining interest rates and evaluate the economic consequences of the agreement for him or her. The Court's decision does not provide that the provision on interest rate changes in Landsbankinn’s housing mortgages is against the aforementioned requirements. It is the Bank's opinion that the requirements of Icelandic legislation in this regard are met.

The opinion also includes an interpretation of Directive 93/13/EEC on unfair terms in consumer contracts. This Directive provides for detailed disclosure requirements and clear, objective and intelligible criteria, so that the consumer can assess the consequences of terms concerning financial obligations. The EFTA Court does not conclude on whether Landsbankinn has complied with these requirements, noting that this is for Icelandic courts to decide and to evaluate the impact if requirements are not met. It is the Bank's opinion that these requirements are met.

The court case in question against Landsbankinn will now continue before the District Court of Reykjavík.

You may also be interested in
Austurbakki
17 Sept. 2025
Latter dividend payment of 2025 made today
In accordance with the decision of its Annual General Meeting, Landsbankinn has today paid a dividend to its owners in the amount of ISK 9,446 million. As a result, total dividend paid by the Bank in the years 2013-2025 amounts to ISK 210.6 billion.
Hvatasjóður 2025
15 Sept. 2025
Grants awarded from Landsbankinn Hvatasjóður
Dana Zaher El Deen K. Al Hennaw and Diana Al Barouki are the recipients of grants from Landsbankinn’s Hvatasjóður fund, rewarded in the form of scholarships for undergraduate studies at the University of Reykjavík (RU) in 2025-2026.
Þórunn Inga Ingjaldsdóttir
10 Sept. 2025
Thórunn Inga Head of Insurance at Landsbankinn
Thórunn Inga Ingjaldsdóttir has been hired to head the new Insurance team in the Personal Banking division at Landsbankinn as of early October.  
Snjallsími
3 Sept. 2025
Change to close of business on banking days
As of 8 September 2025, the close of business on banking days for the deposit systems of the Icelandic Banks’ Data Centre (RB) will be set back from 21:00 to 24:00. This means that transactions such as transfers, carried out between 21:00 and 24:00, will be registered on the same day.
3 Sept. 2025
Landsbankinn’s Sustainability Forum in Gróska on 4 September
Landsbankinn’s Sustainability Forum 2025 will take place in Gróska on Thursday, 4 September. At the Sustainability Forum, we will explore how Icelandic companies approach sustainability, how they respond to challenges and exploit opportunities. We guarantee a varied and exciting programme along with delicious refreshments!
Austurvegur 11, Selfossi
26 August 2025
New housing for Landsbankinn and TM in Selfoss
Landsbankinn and TM in Selfoss will move to a new building at Austurvegur 11 in Selfoss before the end of 2027, according to a long-term rental agreement with Fossver ehf.
Listaverk kvenna í eigu Landsbankans
25 August 2025
Female artists at Landsbankinn - exhibition and new material on the gallery website
A new exhibition, opened in Reykjastræti 6 on Reykjavík Culture Night, showcases pieces in the Bank’s collection by female artists. We also opened a new section of our gallery website, dedicated to around 90 pieces by women.
Listaverk kvenna í eigu Landsbankans
21 August 2025
Female artists at Landsbankinn: Guided tour of new exhibition on Reykjavík Culture Night
To mark the occasion of the Women’s Year 2025, a new exhibition will open in Reykjastræti 6, showcasing pieces in the Bank’s collection by female artists. The exhibition opens on Reykjavík Culture Night (Menningarnótt) and, at the same time, the Landsbankinn’s gallery website will be updated to include special coverage of women artists. Landsbankinn’s collection holds numerous pieces classified as national treasures, many of which are by women. In selecting pieces for the exhibition, an attempt was made to reflect artistic development in Iceland in the 20th century and to include pieces by women who have been influential in Icelandic art history, each in their own way. The exhibition features paintings, textile and graphic art, as well as ceramics by 23 women. The exhibition is curated by Sigrún Hrólfsdóttir, visual artist.
21 August 2025
Reykjavík Culture Night programme at Landsbankinn, Harpa and Hörputorg
Reykjavík Culture Night will be celebrated in Reykjavík city centre on Saturday, 23 August. Landsbankinn has been a pillar of Reykjavík Culture Night since its inception and, as usual, invites visitors to enjoy several events both at its headquarters in Reykjastræti and at Hörputorg, in collaboration with Hafnartorg and Harpa Concert Hall & Conference Centre.
Austurstræti 11
25 July 2025
Offer accepted for Austurstræti 11 and Hafnarstræti buildings
Landsbankinn hefur tekið tilboði Landsbyggðar ehf. í Landsbankahúsið við Austurstræti 11 og Hafnarstræti 10, 12 og 14.