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
Landsbankinn
21 August 2026
Landsbankinn changes interest rates
Landsbankinn changes deposit and lending rates. The interest rate changes enter into effect on Thursday, 27 August 2026, with the exceptions specified below.
19 August 2026
Family fun, music and magic on Culture Night
Reykjavík Culture Night will be celebrated in the city centre on Saturday, 24 August. Landsbankinn has been a proud participant and pillar of the Culture Night festival since its inception and the programme is as varied and exciting as ever.
18 August 2026
140 and 70 year anniversaries of Landsbankinn and TM - come celebrate with us!
Landsbankinn celebrates its 140 year anniversary and TM turns 70 this year. We invite you all to mark the occasion with us in Landsbankinn branches around the country on Thursday, 20 August at 14:00-16:00.
Austurbakki
4 August 2026
Corrections relating to double-booked transactions
Unfortunately, many customers experienced double-booking of transactions on their payment cards before the weekend. These have now been corrected but we are still working to review and correct any costs that may have been associated with these transactions.
Austurbakki
31 July 2026
Double-booked payment card transactions
Duplicate card transactions have now been corrected. In some cases, they may still be visible on credit card statements; however, this does not affect available credit and the statements will be updated shortly.
27 July 2026
Landsbankinn advisor to Blue Lagoon
Landsbankinn Corporate Finance acted as advisor to the Blue Lagoon hf. in its acquisition of Arctic Adventures hf. and increased investment in three geothermal lagoons.
13 July 2026
Landsbankinn Corporate Finance oversees Styrkás listing
Landsbankinn Corporate Finance has been engaged to manage the listing of Styrkás hf. on the Main Market of Nasdaq Iceland. This is an important project, both for Landsbankinn and the domestic equity market in general.
Austurbakki
9 July 2026
Landsbankinn advises Coripharma on ISK 3.4 billion convertible bond offering
Landsbankinn Corporate Finance acted as advisor to the domestic pharmaceutical company Coripharma and managed the recent issuance of convertible bonds in the company, raising ISK 3.4 billion in total.
Nicetravel
8 July 2026
Landsbankinn advises on the sale of Nicetravel
Landsbankinn Corporate Finance acted as advisor to the sellers on the sale of 100% of shares in Nicetravel ehf., one of the leading operators of organised small-group tours for visitors to Iceland. The company was acquired by a group of domestic investors.
19 June 2026
Laufey Rún Ketilsdóttir to Landsbankinn
Laufey Rún Ketilsdóttir has joined the new Media & Research department at Landsbankinn as a communication and PR specialist. The department plays a key role in ensuring coordinated and strategic information disclosure from the Bank.