Subject to the provisions of the second paragraph, a creditor who grants credit without providing the borrower with pre-contractual information under the conditions set out in article L. 312-12 or, for account overdraft transactions, in Article L. 312-85 is deprived of the right to interest.
In the event that the annual percentage rate of charge determined in accordance with articles L. 314-1 to L. 314-4, the lender may be deprived of the right to interest in the proportion determined by the judge, with particular regard to the harm caused to the borrower.