The definition of the usury rate is set out in articles L. 314-6 to L. 314-9 of the French Consumer Code, reproduced below:
“Art. L. 314-6- A usurious loan is any contractual loan granted at an overall effective rate which, at the time it is granted, exceeds by more than one third the average effective rate charged during the previous quarter by credit institutions and finance companies for transactions of the same nature involving similar risks, as defined by the administrative authority after consultation with the Comité Consultatif du Secteur Financier. The categories of transactions for loans to individuals not falling within the scope of 1° of Article L. 313-1 or not constituting a credit transaction for an amount in excess of 75,000 euros intended to finance expenditure on the repair, improvement or maintenance of residential property or property used for both professional and residential purposes are defined on the basis of the amount of the loans.
For the purposes of this section, loans granted in connection with instalment sales are treated as conventional loans and considered usurious under the same conditions as loans of money for the same purpose. ”
“Art. L. 314-7- The conditions for calculating and publicising the average effective rates referred to in article L. 314-6 are set by decree. ”
“Art. L. 314-8-Transitional measures, derogating from the provisions of Article L. 314-6, may be implemented by the Minister for the Economy, on the basis of a reasoned proposal from the Governor of the Banque de France, for a period not exceeding eight consecutive quarters, in the event of:
-an exceptionally large change in the cost of resources of credit institutions and finance companies;
-changes in the definition of transactions of the same nature referred to in Article L. 314-6. ”
“Art. L. 314-9-The provisions of articles L. 314-6 to L. 314-8 do not apply to loans granted to a natural person acting for professional purposes or to a legal entity engaged in an industrial, commercial, craft, agricultural or non-commercial professional activity. “