The rules governing the usury rate are set out in articles D. 314-15 to D. 314-17 of the French Consumer Code, which are reproduced below:
“Art. D. 314-15 -The average effective rates charged during a calendar quarter by credit institutions for the categories of transactions of the same nature involving similar risks, as referred to in article L. 314-6, are calculated by the Banque de France. The Minister responsible for the economy publishes these rates and the corresponding usury thresholds in the Journal officiel de la République française, to be used as a reference for the following quarter; if necessary, he corrects the rates observed, in accordance with the provisions of the second paragraph of article D. 314-16. “
“Art. D. 314-16 – Each quarter, the Banque de France conducts a survey of euro-denominated loans to collect from credit institutions the data required to calculate average effective rates. This calculation is based on a simple arithmetic average of the overall effective rates observed. Loans whose rates are regulated, administered or subsidised by the State are not taken into account. As far as companies are concerned, loans are not taken into account for the calculation of the average effective rate when they exceed amounts defined by order of the Minister for the Economy.
In the event of an exceptionally large change in the cost of credit institutions’ resources, the average effective rates observed by the Banque de France may be adjusted to take account of this change. These rates are published no later than forty-five days after the change is noted. “
“Art. D. 314-17 – Lenders must inform borrowers of the usury thresholds for the loans they offer. Credit institutions shall make this information available to their customers in the same way as for the general banking conditions referred to in article R. 312-1 of the Monetary and Financial Code. “