The implementation of the credit mortgage directive in Italy: some problematic issues

This article critically examines the implementation of Directive 2014/17/EU (Mortgage Credit Directive, MCD) in Italy, highlighting key legal and regulatory challenges. Transposed via Legislative Decree No. 72/2016 and integrated into the Italian Banking Law (TUB), the MCD aimed to harmonize credit practices and enhance consumer protection. The study explores five core areas: pre-contractual information duties, creditworthiness assessment, foreign currency mortgage loans, early repayment rights, and the evolving impact of artificial intelligence on credit scoring. It reveals tensions between EU consumer protection goals and Italy’s traditional private law framework, particularly regarding remedies for breaches of information and assessment duties. The article also discusses the influence of landmark ECJ rulings, such as ‘Lexitor’ and ‘Bank Millenium’, and anticipates future regulatory shifts driven by AI and digitalization. Ultimately, it calls for a more integrated approach to consumer credit regulation that aligns national legal traditions with evolving European standards.