Jurisprudenţă

  • Detalii privind cazul
    • ID național: Decision no. 1256/2011
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Hotărârea Curții Supreme
    • Data deciziei: 23/03/2011
    • Instanţa: Curtea de Casatie si Justitie
    • Obiect:
    • Reclamantul:
    • Pârâtul:
    • Cuvinte-cheie: credit agreement, free, unfair terms
  • Articole din directivă
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (b) Unfair Contract Terms Directive, Article 3, 1.
  • Notă preliminară
    The clause providing the defendant's possibility to unilaterally increase the facility's charges and interests is not deemed unfair in the sense of Directive 93/13/EEC (implemented into Romanian law by the provisions of Law no. 193/2000 on unfair terms in consumer contract) if such increase is calculated as per the legal provisions regarding the calculation procedure of the annual interest.
  • Fapte
    The plaintiff, as debtor, and the defendant, as creditor, have concluded a consumer facility agreement with a variable interest. The plaintiff sued the defendant requesting the court to consider the clause regarding the defendant's possibility to increase the facility's charges and interests as being unfair and excluded from the consumer facility agreement.
  • Chestiune juridică
    Is the clause providing the defendant's possibility to unilaterally increase the facility's charges and interests deemed to be unfair in the sense of Directive 93/13/EEC considering that such clause also provides that the increase shall be calculated as per the legal provisions regarding the calculation procedure of the annual interest?
  • Hotărârea

    The court found that the clause comprised in a consumer facility agreement which provides the defendant's possibility to unilaterally increase the facility's charges and interests cannot be deemed unfair if this clause sets forth that such increase shall be calculated as per the national legal provisions regarding the calculation procedure of the annual interest.

    Text integral: Text integral

  • Cazuri conexe

    Nu există rezultate disponibile

  • Doctrină

    Nu există rezultate disponibile

  • Rezultat
    The plaintiff's recourse request was accepted.