The essay analyzes the judgment of the Joint Session of the Court of Cassation n. 16303, handed down on the 20th June 2018, with which the Supreme Court solves the conflict about the relevance of the maximum overdraft charge in the anti-usury evaluation, proposing an intermediate solution.
The judgment applies symmetry in establishing that the maximum overdraft charge, significant in a anti-usury evaluation, has to be compared to a medium rate, determinated by the Bank of Italy in a specific threshold (“CMS soglia”), regardless of the comparison concerning the interest rate. Moreover, the Court underlines the necessity of an overall comparison. So, a charge above its threshold could be compensated by the difference between the interest rate and the usury threshold rate.
The Court’s point of view is examined in its appreciable and undesirable aspects, after an analysis of the relation between the maximum overdraft charge and the anti-usury legislation, focused on the previous jurisprudence,the new discipline and the practical aspects.