Kohtupraktika

  • Juhtumi üksikasjad
    • Isikutunnistus: Supreme Court, Judgment 2-17-284
    • Liikmesriik: Eesti
    • Lühinimetus:Elina Meidla v Luminor Bank AS and Luminor Kindlustusmaakler OÜ (2)
    • Otsuse liik: Ülemkohtu otsus
    • Otsuse kuupäev: 19/12/2018
    • Kohus: Supreme Court
    • Teema:
    • Hageja: Elina Meidla
    • Kostja: Luminor Bank AS and Luminor Kindlustusmaakler OÜ
    • Võtmesõnad: unfair commercial practice, aggressive commercial practice, promise of prize
  • Direktiivi artiklid
    Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 3, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6
  • Põhimärkus

    ECLI:EE:RK:2018:2.17.284.22021


    First point:

    The actions of a leasing company which is sending the consumer a leasing contract together with a power of attorney for the leasing company to conclude an insurance brokerage contract with its subsidiary on behalf of the consumer, may constitute an unfair commercial practice.

    Second point:

    A standard term stipulating a fee for the consumer for exercising his statutory right of termination should, as a rule, be considered unfair and thus void.



  • Faktid

    When filling the online leasing application for a car, the consumer ticked a box “I want to get insurance offers from Luminor Kindlustusmaakler OÜ”. The leasing company Luminor Bank then sent the consumer the leasing contract together with a power of attorney for the leasing company to conclude an insurance brokerage contract with its subsidiary Luminor Kindlustusmaakler OÜ on behalf of the consumer. These two documents were put into one digital “container” so that they could only be digitally signed as a package. The consumer signed them.

    First point facts:

    Later the consumer wanted to cancel the power of attorney and/or withdraw from the insurance brokerage contract and get the reimbursement of the paid insurance brokerage fees. The consumer argued that the leasing company had misled her and is charging her in addition to leasing and insurance payments, also insurance brokerage fees. The leasing company argued that this was validly agreed between the parties and the consumer had to pay 50 euros for withdrawal of the power of attorney as it was meant to last until the end of the leasing contract.

    Second point facts:

    Two years later the consumer wanted to cancel the power of attorney and/or withdraw from the insurance brokerage contract and get the reimbursement of the paid insurance brokerage fees. The consumer argued that the standard term obliging him to pay 50 euros for the withdrawal of the power of attorney (which under the terms and conditions was valid until the end of the leasing contract) and to change the leasing contract should be considered unfair and thus void.


  • Õigusküsimus

    First legal issue:

    Can actions of a leasing company, which is sending the consumer a leasing contract together with a power of attorney for the leasing company to conclude an insurance brokerage contract with its subsidiary on behalf of the consumer, constitute an unfair commercial practice?

    Second legal issue:

    Can a cancellation fee of 50 euros for withdrawal of a power of attorney, for concluding an insurance brokerage contract on behalf of the consumer, be considered an unfair standard term and, accordingly null and void.


  • Otsus

    Decision of the Court in relation to the first issue:

    The Supreme Court ruled that actions of a leasing company, which is sending the consumer a leasing contract together with a power of attorney for the leasing company to conclude an insurance brokerage contract with its subsidiary on behalf of the consumer, may constitute an unfair commercial practice (misleading action). The leasing company may have acted misleadingly as it sent the consumer a power of attorney to be signed together with the leasing contract although the parties had not previously agreed that such a power of attorney will be signed in addition to the leasing contract.

    Decision of the Court in relation to the second issue:

    Can a cancellation fee of 50 euros for withdrawal of a power of attorney, for concluding an insurance brokerage contract on behalf of the consumer, be considered an unfair standard term and, accordingly null and void.


    URL: https://www.riigikohus.ee/et/lahendid?asjaNr=2-17-284/42

    Täistekst: Täistekst

  • Seotud juhtumid

    Tulemused puuduvad

  • Õiguskirjandus

    Tulemused puuduvad

  • Tulemus

    In relation to the first issue, the Supreme Court referred the case to the Second Instance Court for the final decision.

    In relation to the second issue, the Supreme Court ordered the defendant (Luminor Bank AS) to pay back the cancellation fee of the insurance brokerage contract (50 euros) but referred the case to the Second Instance Court for the final decision on other issues.