With Decision No. 288 of 16 October 2025 in Commercial Case No. 121/2025, the Supreme Court of Cassation of Bulgaria reaffirms its established case law regarding the application of Articles 10(1) and 22 of the Consumer Credit Act.

The Court holds that drafting a consumer credit agreement in a font smaller than the statutory minimum of 12 points constitutes a breach of a mandatory legal requirement under Article 10(1). Such a breach gives rise to relative invalidity within the meaning of Article 22, in favor of the consumer.

A court-appointed technical expert established that the agreement had been printed in Garamond font with a size between 11.6 and 11.7 points. The appellate court considered this deviation insignificant and not affecting the consumer’s ability to review the contract. The Supreme Court rejects that reasoning, stating that where a mandatory statutory requirement is infringed, no assessment of the “insignificance” of the deviation is permissible.

The legal consequence of this relative invalidity is governed by Article 23 of the Act. If invoked by the consumer, the creditor is entitled to recover only the net principal amount disbursed, without contractual interest, fees, or any additional credit-related charges.

Through this decision, the Supreme Court confirms the strictly formal nature of the statutory requirements governing consumer credit agreements and emphasizes that non-compliance leads to a reduction of the creditor’s claim, irrespective of the extent of the deviation.