Regulatory Alerts2026-08-12 | 40/1Added
Decision No. 40/1 of 12 August 2026 regarding the Preliminary Request against CNPF Decision No. 29/2 of 16 June 2026 concerning the petition registered with CNPF No. 2634 on 09 April 2026, in relation to OCN MICROINVEST SRL
The National Commission for Financial Markets (CNPF) rejects the preliminary request filed by a consumer against its previous Decision No. 29/2, upholding the finding that OCN MICROINVEST SRL violated Article 20(1) of Law No. 202/2013 by retaining advance payments in an advance account rather than applying them to the loan principal. The CNPF determines that the contractual mechanism for handling excess payments, when read in conjunction with the requirement for written notice for early repayment, does not constitute a misleading commercial practice or unjustified enrichment, as the consumer failed to prove they had explicitly requested early repayment. Consequently, the CNPF denies the consumer's claims for a recalculation of the credit, the annulment of specific contract clauses, and the reimbursement of fees totaling approximately 30,000 euros.