I. – For each of the categories mentioned in the second paragraph of article L. 313-2, the legal interest rate applicable for a given half-year is calculated as follows:
1° For claims by natural persons not acting for business purposes, the legal interest rate is equal to the sum of the rate on the main refinancing operations of the European Central Bank in force two months before the start of the half-year in question and 60% of the average, over the rolling 24-month period ending two months before the start of the half-year in question, the difference recorded by the Banque de France between, on the one hand, the rate on new amortisable consumer credit for individuals for which the initial rate-setting period is less than or equal to one year and, on the other hand, the rate on the European Central Bank’s main refinancing operations in force at the same time.
2° In all other cases, the legal interest rate is equal to the sum of the rate on the main refinancing operations of the European Central Bank in force two months before the start of the half-year in question and 60% of the average, over the rolling 24-month period ending two months before the start of the half-year in question, the difference recorded by the Banque de France between, on the one hand, the rate on new loans to resident non-financial companies (excluding overdrafts) for which the initial rate-setting period is less than or equal to one year and, on the other hand, the rate on the European Central Bank’s main refinancing operations in force at the same time.
II. – The Banque de France makes the above calculations and communicates the results to the Treasury Directorate General no later than fifteen days before the publication deadline. The Minister responsible for the economy publishes a decree in the Journal officiel de la République française setting the reference rates for the following six-month period.