The Supreme Court rejected the arguments of the defendant and reminded that full compliance with a code of conduct does not exclude the possibility of having breached the prohibition on unfair commercial practices. In this case, the fact that a contractual clause must be considered invalid in accordance with the applicable national legal provisions, cannot be contested merely on the basis that such clause is in line with a professional code of conduct.
Furthermore, the Supreme Court established that in this case, the affected clauses were not even taken from the code of conduct word by word, despite the defendant’s claim.
The Supreme Court further ruled that a code of conduct is not a legal act, hence only binds the parties that admitted to the use thereof. As a result, compliance with a code of conduct by no means limits a court’s competence to assess the validity of contractual clauses based on the implementation of such code.
The Supreme Court rejected the arguments of the defendant and reminded that full compliance with a code of conduct does not exclude the possibility of having breached the prohibition on unfair commercial practices. In this case, the fact that a contractual clause must be considered invalid in accordance with the applicable national legal provisions, cannot be contested merely on the basis that such clause is in line with a professional code of conduct.
Furthermore, the Supreme Court established that in this case, the affected clauses were not even taken from the code of conduct word by word, despite the defendant’s claim.
The Supreme Court further ruled that a code of conduct is not a legal act, hence only binds the parties that admitted to the use thereof. As a result, compliance with a code of conduct by no means limits a court’s competence to assess the validity of contractual clauses based on the implementation of such code.
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