Decision No. 26/1 of 2 June 2026 Regarding the Preliminary Application Against CNPF Letter No. 05-5/1454

REPUBLIC OF MOLDOVA NATIONAL FINANCIAL MARKET COMMISSION (CNPF) 1 DECISION 2 June 2026 No. 26/1 Regarding the Preliminary Application submitted by Mr [...], representative of Mr [...], against CNPF letter No. 05-5/1454 dated 23.04.2026

On 30.04.2026, within the National Financial Market Commission (CNPF/authority), the Preliminary Application was registered (No. 3253), submitted by Mr [...], representative of Mr [...] (petitioner/consumer), requesting:

"1. The total annulment of administrative act No. 05-5/1454 dated 23.04.2026 - 'Re: completion of the administrative procedure', issued by CNPF, as being illegal. 2. To establish the admitted violation by OCN 'Easy Credit' SRL in setting the total cost of the credit higher than the disbursed value according to the Contract for the provision of financial services (distance credit service) No. [...] dated 11.07.2025, concluded with [...]. 3. The adoption regarding OCN 'Easy Credit' SRL of a mandatory decision prohibiting the claiming and collection of sums exceeding the disbursed amount according to the Contract for the provision of financial services (distance credit service) No. [...] dated 11.07.2025, concluded with [...]. 4. The verification of the legality of the Contract for the provision of financial services (distance credit service) No. 085069743 dated 11.07.2025 in light of the provisions of Articles 1069–1072, 1075–1079, and 1081 of the Civil Code and the establishment of abusive clauses, including ex officio, with the drawing up of an act of establishment and the filing of a lawsuit in court to request the declaration of nullity of these clauses;" (Preliminary Application).

In this case, in order to ensure a full, objective, and transparent investigation that offers the real possibility of analyzing the petitioner's claim, it is communicated to him that the examination of the factual and legal circumstances relevant to the case, in preliminary order, will be carried out by distinguished executors within the CNPF.

In fact, on 29.01.2026, the petitioner filed a complaint with OCN 'EASY CREDIT' SRL (creditor/professional) regarding the monetary obligations resulting from the Credit Contract for the provision of financial services (distance credit service) No. [...] dated 11.07.2025 (Contract).

Based on the statements in the petition, by Notification No. 674/26 dated 12.02.2026, OCN 'EASY CREDIT' SRL communicated to the debtor the reduction of monetary obligations related to the Contract, by the creditor's waiver of the last installment provided in the repayment schedule, in the amount of 13,085.00 lei, without concluding an additional agreement.

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Subsequently, on 23.02.2026, within the CNPF, the petition of Mr [...], representative of Mr [...], was registered (No. 1107), requesting the authority's intervention regarding the legal relationship established with OCN 'EASY CREDIT' SRL based on the Contract.

Thus, by the Order of the Vice-President of CNPF No. 77 dated 25.02.2026 regarding the ex officio involvement of OCN 'EASY CREDIT' SRL in the administrative procedure initiated by the petition submitted by [...], representative of Mr [...], and the suspension of the administrative procedure, the creditor was involved in the administrative procedure. It was requested by CNPF letter No. 05-5/592 dated 26.02.2026 to present the relevant explanations regarding the circumstances invoked in the petition, a copy of the Credit File, as well as copies of other relevant justificatory documents.

As a result, on 10.03.2026, OCN 'EASY CREDIT' presented the requested documents (registered at CNPF with No. 1548).

Therefore, as a result of the investigations carried out based on the materials presented by the parties, by CNPF letter No. 05-5/1454 dated 23.04.2026, the administrative procedure was concluded. The authority established that the creditor notified the debtor by letter No. 674/26 dated 12.02.2026 regarding the reduction of the monetary obligation by waiving sums exceeding legal limits. It is attested that this notification was made prior to the submission of the petition to the CNPF and prior to the initiation of the administrative procedure. Under these circumstances, the creditor acted in the exercise of the right provided for in Article 151(6) of Law No. 202/2013.

Consequently, the CNPF evaluated the contractual clauses by identifying their abusive character in light of the provisions of Articles 1069–1072, 1075–1079, and 1081 of the Civil Code.

According to Article 1072(1) of the Civil Code, a clause that has not been individually negotiated is considered abusive if it significantly disadvantages the consumer contrary to good faith.

As a result of the analysis, no clauses meeting the criteria for abusive character were identified, in the sense of the existence of a significant imbalance between the rights and obligations of the parties, contrary to the requirements of good faith.

Not agreeing with the answer provided by the CNPF, the petitioner submitted a Preliminary Application.

By the Order of the President of CNPF No. 258 dated 11.05.2026 regarding the ex officio involvement of OCN 'EASY CREDIT' SRL in the preliminary procedure initiated by the Preliminary Application submitted by Mr [...], representative of Mr [...], and the suspension of the deadline of the preliminary procedure, OCN 'EASY CREDIT' SRL was involved in the preliminary procedure.

Subsequently, by letter No. 06-5/1821 dated 12.05.2026, the CNPF requested the creditor to present a response, as a hearing, under Article 94(1) of the Administrative Code.

In law, Article 19 of the Administrative Code provides that "The Preliminary Application is the institution that offers a pre-litigation path for the resolution of administrative disputes," and Article 162(1) and (3) of the same law stipulates that "(1) The preliminary procedure aims to verify the legality of individual administrative acts. [...] (3) The Preliminary Application may be directed towards:

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a) the total or partial annulment of an illegal or null individual administrative act; b) the issuance of an individual administrative act."

In accordance with Article 20 of the Administrative Code, "If an administrative activity violates a legitimate right or freedom established by law, this right may be claimed through an administrative litigation action, [...]", and according to Article 17, "A violated right is any right or freedom established by law to which/which is affected by administrative activity."

Under the conditions of Article 166 of the Administrative Code, "The Preliminary Application may be submitted only if the person claims the rights violated by the issuance or rejection of the issuance of an individual administrative act," and, in accordance with Article 167(1) of the same law, "(1) If the authority considers the preliminary application to be admissible and well-founded, the issuing public authority annuls the contested individual administrative act in whole or in part or issues the requested individual administrative act."

In the sense of Article 169(3) of the Administrative Code, the provisions regarding the individual administrative act apply correspondingly, in the order of examining the preliminary application.

From the content of the cited norms, it is clearly revealed that the preliminary procedure is a pre-litigation path made available to the public authority to verify the legality of its own individual administrative act.

Relevance, in this case, is also presented by Article 15(7)(b) of Law No. 202/2013 on consumer credit contracts (Law No. 202/2013), in the wording at the date of the conclusion of the Contract, which stipulates that "(7) It is prohibited: [...] b) setting the total cost of the credit (which includes interest, commissions, fees, penalties, late interest, and any other type of payment) higher than the disbursed value according to that contract (or the entry value of the good in the financial leasing contract), a credit that is not intended for the acquisition, construction, or renovation (modernization) of a housing guaranteed with an immovable property to ensure the payment obligation of that credit."

In this context, in accordance with Article 15(9) and (91) of Law No. 202/2013, "(9) In case of violation of the provisions of para. (7) or (8), the creditor has the right to request only the return of the initial disbursed sum according to the credit contract granted, without claiming other payments provided in the contract (including interest, commissions, fees, penalties, late interest, and any other type of payments). This provision applies even if the creditor has transferred to a third party the right to collect the claims related to the credit contract granted. (91) The supervisory authority requests the creditor to return all payments provided in the contract (which include interest, commissions, fees, penalties, late interest, and any other type of payment), except for the initial disbursed sum according to the credit contract, in case of violation of the provisions of para. (7) and/or (8)."

Analyzing the arguments exposed in the Preliminary Application, in light of the legal provisions applicable to the case, it will be assessed whether they are of a nature to overturn the findings of the CNPF, as follows:

1. Regarding the creditor's violation of Article 15(7)(b) of Law No. 202/2013, in the wording in force at the date of the conclusion of the Contract

1.1. Based on the Contract, OCN 'EASY CREDIT' SRL disbursed a credit in the amount of 300,000.00 lei in favor of Mr [...].

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1.2. According to the Repayment Schedule, an integral part of the Contract, the consumer was to return to the creditor the disbursed sum, in the amount of 300,000.00 lei, pay the contractual interest, in a total amount of 205,310.00 lei, as well as the administration commission, in a total amount of 96,600.00 lei.

1.3. Thus, the cumulative size of the contractual interest and the administration commission, which constitutes, in the sense of Article 15(7)(b) of Law No. 202/2013, the total cost of the credit, is 301,910 lei (205,310.00 lei + 96,600.00 lei), respectively, exceeding by 1,910.00 lei the value disbursed under the Contract, in the amount of 300,000.00 lei.

1.4. Consequently, the authority establishes that, at the moment of concluding the Contract, OCN 'EASY CREDIT' SRL set the total cost of the credit higher than the disbursed value, according to the Contract, thus violating the imperative provisions of Article 15(7)(b) of Law No. 202/2013 (in the wording applicable at the date of the conclusion of the Contract).

1.5. Subsequently, the violation of the mentioned imperative norm entails, according to Article 15(9) of Law No. 202/2013 (in the wording applicable at the date of the conclusion of the Contract), the consequence according to which the creditor has the right to request only the return of the initial disbursed sum according to the Contract, without claiming other payments provided in the Contract (including interest, commissions, fees, penalties, late interest, and any other type of payments).

2. Regarding the applicability of the provisions of Article 151(6) of Law No. 202/2013 in relation to Notification No. 404/26 dated 30.01.2026

2.1. By Law No. 189/2025 for the modification of some normative acts (Law No. 189/2025), Law No. 202/2013 was supplemented with Article 151, the provisions of which, except for para. (11) and para. (12), entered into force on 26.10.2025.

2.2. Thus, according to Article 151(6) of Law No. 202/2013, "(6) The creditor is entitled at any time to notify the consumer, in written form or, at the express request of the consumer, in another form established by him and agreed by the creditor, regarding the reduction of monetary obligations towards the creditor following the waiver of sums exceeding the limits provided for in para. (1) and/or para. (3), without concluding an additional agreement."

2.3. At the same time, according to Article XVI(3) of Law No. 189/2025, the provisions of Article 151(6) "will apply also to consumer credit contracts concluded before the date of entry into force of this law."

Therefore, the transitional norm establishes the applicability of these provisions also in relation to the Contract.

2.4. Consequently, according to Article 151(8) of Law No. 202/2013, "The creditor is not entitled to apply the provisions of para. (6) if the supervisory authority: a) has initiated the administrative procedure for carrying out the control; b) has initiated the administrative procedure based on the consumer's petition; c) has previously adopted a decision ordering the application of the provisions of para. (4) and/or para. (5)."

2.5. In the same vein, by Law No. 189/2025, Law No. 192/1998 on the National Financial Market Commission (Law No. 192/1998) was supplemented with Article 82, which establishes the procedure for resolving complaints submitted by consumers of financial services.

2.6. Thus, according to Article 82(4) of Law No. 192/1998, "(4) The consumer initially files a complaint with the subject provided for in Article 4(2¹) of this law if he considers that this subject has not respected the provisions of Law No. 105/2003 on consumer protection, the special norms regulating the financial service provided, or the obligations assumed under the contract concluded."

According to para. (6) of the same article, "(6) The deadline for resolving complaints is 15 working days from the date of registration of the complaint by the subject provided for in Article 4(2¹).", and according to para. (8), "(8) In the event that the consumer is not satisfied with the result of the examination of the complaint by the subject provided for in Article 4(2¹), he is entitled to file a petition with the National Commission or to address, according to civil procedure, the court."

2.7. On the one hand, the analysis of the cited norms indicates the separate regulation of institutions in the broad process of resolving consumer claims, whereas the norms related to the preliminary address of the consumer to the professional constitute an element of efficiency in the process of resolving the consumer's claim, ensuring the immediate character of the solution offered.

2.8. On the other hand, the legislator has instituted a mechanism for the early intervention of the professional by manifesting a proactive behavior of remediation, ex officio, of violations admitted at contracting or during the performance of the contract (Article 151(6) of Law No. 202/2013).

2.8. Therefore, the filing of the complaint with the creditor or the authority marks the formal moment, by which the consumer's dissatisfaction is externalized, which excludes, in itself, the possibility of self-initiation by the professional.

2.10. Under these conditions, the admission of the interpretation according to which the creditor could, after receiving such a complaint, validly exercise the right provided for in Article 151(6) of Law No. 202/2013 and, thereby, remove the application of the consequences provided for in para. (4) and para. (5), would lead to a result contrary to the purpose of the law.

In such a situation, the sanctions instituted by the legislator would become, in practice, inapplicable, because creditors could react to each complaint by a unilateral notification of partial waiver of costs. Whereas, the dispensation offered to the creditor by the norm at Article 151(6) of Law No. 202/2013 does not have an absolute character.

2.11. In this case, the address to the professional denotes another stage in the process of resolving divergences between the parties to the Contract, since the intention of remediation is no longer at the initiative of the professional, but of the consumer, the first having failed to make use of the right conferred by law.

2.12. At the same time, the exercise by OCN 'EASY CREDIT' SRL of the right provided for in Article 151(6) of Law No. 202/2013 should be analyzed also in light of the general rules regarding the exercise of civil rights in good faith and the prohibition of abuse of right, namely:

2.12.1. According to Article 10(1) of the Civil Code, "(1) Natural and legal persons participating in civil legal relationships must exercise their rights and fulfill their obligations in good faith, in accordance with the law, the contract, public order, and good morals. Good faith is presumed until proof to the contrary.", and in accordance with Article 11(1) of the same law "(1) Good faith is a standard of conduct of a party, characterized by correctness, honesty, openness, and taking into account the interests of the other party in the legal relationship."

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2.12.2. In the same sense, Article 13(1) of the Civil Code provides that "(1) No subjective right may be exercised predominantly for the purpose of causing damage to another person or harming them in any other way (abuse of right).", and Article 14(2) of the same law stipulates that "(2) No person may obtain an advantage from their illicit or bad-faith behavior."

In this case, from the analysis of the case materials, it is attested that the representative of the debtor addressed the complaint to OCN 'EASY CREDIT' SRL on 29.01.2026, and subsequently, on 12.02.2026, the creditor issued Notification No. 674/26, by which he declared the partial waiver of certain costs related to the Contract.

Although that notification does not explicitly indicate that it constitutes a response to the preliminary complaint, the chronology of events, as well as the fact of the communication of the notification also to the address of the consumer's lawyer, allow retaining the fact that it was issued after the professional was notified by the consumer and in the context of this notification.

Moreover, during approximately seven months from the conclusion of Contract No. 085069743 dated 11.07.2025, the creditor did not take any remedial measures for the exceeding of the total cost ceiling, although this exceeding could be established by a simple arithmetic check.

Under these conditions, the notification issued on 12.02.2026 cannot be qualified as the result of a proper and prior initiative of the creditor to correct an error, but it obviously falls into the sequence of actions determined by the complaint formulated by the consumer.

Under these conditions, the authority concludes that the creditor's conduct should be related to the requirement of exercising rights in good faith, provided for in Article 10(1) of the Civil Code, as well as to the standard of conduct established by Article 11(1) of the same Code.

Moreover, the exercise of the right provided for in Article 151(6), after the professional has been notified by the consumer, for the purpose of removing the consequences provided for in para. (4) and para. (5), does not correspond to a correct, honest, and taking into account the interests of the other party's conduct.

Regarding the presumption of good faith, it should be noted that this, according to Article 10(1) of the Civil Code, operates only until proof to the contrary. In this case, from the case materials, it results that the preliminary complaint was addressed to the professional on 29.01.2026, and Notification No. 674/26 was issued subsequently, on 12.02.2026, being transmitted also to the address of the debtor's lawyer. This element confirms the link between the notification issued by the creditor and the complaint formulated previously on behalf of the consumer.

Consequently, it should be pointed out that Notification No. 674/26 dated 12.02.2026, issued by OCN 'EASY CREDIT' SRL, is not capable of producing the legal effects provided for in Article 151(7) of Law No. 202/2013, and the measures provided for in Article 151(4) and/or para. (5) of the same law should be applied.

Regarding the analysis of the abusive character of the contractual clauses, carried out in light of Articles 1069–1072, 1075–1079, and 1081 of the Civil Code, that no clauses with an abusive character were identified in the Contract, it should be noted that the aspects invoked by the petitioner in this part do not have the aptitude to invalidate that finding, respectively, the previous conclusion remains.

At the same time, by CNPF letter No. 06-5/1821 dated 12.05.2026, sent to the email address office@easycredit.md, the creditor was notified about the exercise of the right to be heard in written form, with the sending to the authority's address of the opinion, as a hearing, regarding the facts and circumstances relevant to the administrative act to be adopted, until 18.05.2026.

Consequently, by the letter registered at CNPF with No. 3811 dated 18.05.2026, the creditor presented the explanations as a hearing within the preliminary procedure.

Correspondingly, according to those explanations, Ms [...], the jurist of OCN 'EASY CREDIT' SRL, expressed herself regarding the procedural aspects and the substantive legal aspects relevant to the case, maintaining, likewise, the position formulated within the administrative procedure.

Additionally, the creditor communicated to the authority that, by letter No. 2418/26 dated 04.05.2026, "on 14.05.2026, a proposal for the conclusion of a settlement transaction was transmitted to the debtor's representative [...], by which O.C.N. Easy Credit S.R.L. expressed its willingness to request, under the credit contract concluded, only the return of the disbursed sum, without claiming other payments or costs provided by the contract, establishing a repayment schedule for the outstanding capital over a period of 24 months", indicating, at the same time, the lack of a response from the debtor's representative to the proposal submitted.

In this case, the proposal submitted by OCN 'EASY CREDIT' SRL is not of a nature, by itself, to remove the object of the present preliminary procedure nor to substitute the application of the legal consequences related to the established violation.

Consequently, the proposal formulated by the creditor represents only a unilateral manifestation of will, which does not produce the legal effect of extinguishing the litigious legal relationship, whereas only the actual conclusion of a transaction between the creditor and the debtor, by which the parties would agree on the modification of the obligations resulting from the Contract, could justify the conclusion that there is no longer a need for the authority's intervention on the same object. In the absence of such a transaction, the authority cannot retain the existence of an effective remedy nor the disappearance of the object of the administrative procedure.

Therefore, at the date of adoption of this Decision, the legal relationship between the parties is not modified by a validly concluded agreement, and the creditor cannot oppose to the authority a simple offer of transaction to avoid the disposition of the application of legal consequences related to the established violation.

Under these conditions, the proposal received from OCN 'EASY CREDIT' SRL does not remove the current character of the Preliminary Application and does not prevent the authority from examining the legality of the contested solution.

In this case, under Law No. 189/2025, it should be retained that the provisions of Article 15(7)(b) and (9) of Law No. 202/2013 were taken over in the consolidated form of the law, under a new numbering, respectively in Article 151(1)(b) and (4) of the same law.

At the same time, Article 15(91) of Law No. 202/2013 was repealed, that norm being attested currently at Article 151(5) of the same law, in the following wording:

"(5) During the term of the credit contract, until its termination or until the declaration of the credit as due, and also 3 years after that, the court of law

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