3.15 Article 26(4) of CCD2

Open19 Sep, 2024, 12:00 - 16 Oct, 2024, 12:00

In the case of linked credit agreements, a relationship of interdependence exists between the purchase of goods or services and the credit agreement concluded for that purpose. Therefore, where the consumer exercises the right of withdrawal in respect of the purchase agreement, based on Union law, the consumer should no longer be bound by the linked credit agreement. In some cases, national law already provides that funds cannot be made available to the consumers before the expiry of a specific deadline. In those cases, consumers may wish to ensure that they receive the goods or services purchased early.

Therefore, in the case of linked credit agreements, Member States have the discretion to exceptionally provide that, if consumers explicitly wish early receipt of the purchased goods or services, the deadline for the exercise of the right of withdrawal could be reduced so that it is the same as the deadline before which funds cannot be made available.

Ireland does not currently have any specific legislation that provides that funds borrowed under a credit agreement cannot be made available to the consumer before the expiry of a specific period.

Consequently, it is not proposed to exercise this discretion.