Professional credit: a simple reference to the Consumer Code is enough to trigger its application.

A couple, registered with the Trade and Companies Register as professional lessors, acquires an apartment as part of their business activity.

Crédit Immobilier de France grants them a loan to finance the purchase.

The borrowers stop making payments. The bank accelerates the loan and initiates legal proceedings for recovery.

They respond by requesting the forfeiture of the right to interest due to non-compliance with the formalities required by the Consumer Code.

The bank argues that the loan is professional in nature.

They contend that the loan offer issued explicitly refers to Articles L. 312-1 et seq. of the Consumer Code and is therefore subject to consumer law.

The court of appeal rejects this argument, stating that a "pre-printed reference" is insufficient to establish voluntary submission.

The Court of Cassation overturns the decision.

The bank is in a position to verify the purpose of the loan before issuing its offer. If, with full knowledge of the facts, it incorporates the provisions of the Consumer Code into the offer, this reference, accepted by the borrowers, constitutes a clear and unequivocal expression of intent.

The protective regime applies, including its sanctions, most notably the forfeiture of the right to interest: the bank loses all or part of the contractual interest, and the borrower repays only the principal.