Civ. 1st , June 7, 2023, FB, n° 22-15.552
"5. Pursuant to Article 1147 of the Civil Code, in its wording prior to Ordinance No. 2016-131 of February 10, 2016, the current and certain disappearance of a favorable eventuality constitutes a loss of opportunity.
6. The court of appeal highlighted that there was uncertainty about the decision that the borrowers would have taken if the bank had complied with its duty to warn, and that the risk of excessive indebtedness was was carried out after three years, thus characterizing the existence of the loss of luck suffered by them.
