Article 26

1. Member States shall ensure that the consumer may withdraw from the credit agreement without giving any reason within a period of 14 calendar days. The withdrawal period referred to in the first subparagraph shall begin either: (a) from the day of the conclusion of the credit agreement; or (b) from the day on which the consumer receives the contractual terms and conditions and the information in accordance with Articles 20 and 21, if that day is later than the date referred to in point (a) of this subparagraph. The deadline referred to in the first subparagraph shall be deemed to have been met if the notification referred to in paragraph 5, first subparagraph, point (a), is dispatched by the consumer to the creditor before that deadline expires. 2. If the consumer has not received the contractual terms and conditions and the information in accordance with Articles 20 and 21, the withdrawal period shall in any event expire 12 months and 14 days after the conclusion of the credit agreement. This shall not apply if the consumer has not been informed about his or her right of withdrawal in accordance with Article 21(1), first subparagraph, point (p). 3. In the case of a linked credit agreement for the purchase of a good with a return policy that ensures a full refund for a certain period of time exceeding 14 calendar days, the right of withdrawal shall be extended to match the duration of such return policy. 4. Where, in the case of a linked credit agreement, national legislation applicable on 19 November 2023 already provides that funds cannot be made available to the consumer before the expiry of a specific period, Member States may, by way of derogation from paragraph 1, provide that the period referred to in that paragraph may be reduced to the same duration as that specific period at the explicit request of the consumer. 5. If the consumer exercises the right of withdrawal, he or she shall take the following measures: (a) notify the creditor in accordance with the information given by the creditor pursuant to Article 21(1), first subparagraph, point (p), on paper or another durable medium chosen by the consumer and specified in the credit agreement within the deadline set out in paragraph 1 of this Article; (b) pay to the creditor the capital and the interest accrued thereon from the date on which the credit was drawn down until the date on which the capital is repaid, without any undue delay and in any event no later than 30 calendar days after the dispatch of the notification referred to in point (a). The interest referred to in the first subparagraph, point (b), shall be calculated on the basis of the agreed borrowing rate. The creditor shall not be entitled to any other compensation from the consumer in the event of withdrawal, except compensation for any non-refundable charges paid by the creditor to any public administrative body. 6. Where an ancillary service relating to the credit agreement is provided by the creditor, or by a third party on the basis of an agreement between that third party and the creditor, the consumer shall no longer be bound by the ancillary service contract if the consumer exercises the right of withdrawal from the credit agreement in accordance with this Article. 7. If the consumer has a right of withdrawal under paragraphs 1, 5 and 6 of this Article, Articles 6 and 7 of Directive 2002/65/EC shall not apply. 8. Member States may provide that paragraphs 1 to 6 of this Article shall not apply to credit agreements which are required under national law to be concluded through the services of a notary, provided that the notary confirms that the consumer is guaranteed the rights provided for under Articles 10, 11, 20 and 21. 9. This Article shall be without prejudice to any rule of national law establishing a period of time during which the performance of the contract may not begin.

← 6 · All articles · 1 →

Source: EUR-Lex CELLAR · retrieved 2026-07-30