The court refers to the declared purpose of the association (defence and protection of rights and interests of consumers) and considered that it satisfies the requirements of the law. The Court refuses the submissions of the appellants, according to which only the associations recognised by the Romanian Government as being “associations of public utility” may intervene in the termination of alleged infringements; it considers that such a requirement is imposed only for specific actions (different from those at issue in the current dispute) and it cannot be extended to situations (actions) not expressly referred to by the legislator.
The second relevant issue discussed in appeal concerned the admissibility of the action brought by the association. The Court considered that the remedy requested by the claimant in the main action – the obligation for the bank to cease to apply the contractual clauses and to respect the exchange rates RON/CHF from the moment of the conclusion of the contract for all the monthly instalments to be paid by the consumers – was not provided by the law 363/2007 on the unfair commercial practices; this law also reserves expressly the application of the legal provisions on contracts.
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