Bijzonderheden van de zaak


Bijzonderheden van de zaak
Nationaal ID Court of Cassation, Judgement C.18.0354.N
Lidstaat België
Gangbare benaming N/A
Soort beslissing Beslissing hooggerechtshof
Datum beslissing 08/02/2019
Gerecht Hof van Cassatie
Onderwerp
Eiser
Verweerder
Trefwoorden Unfair contract term, B2C, Imbalance between the rights of the parties, Ex officio control, jurisdiction clause

Unfair Contract Terms Directive, Article 3 Package Travel Directive, link

A term which designates the courts where the establishment of the seller is located as the competent courts for disputes in Ryan Air contracts concluded with consumers is an unfair contract term.

Ryan Air included an unfair term in the general contract terms of contracts concluded with consumers, designating the Irish Courts as the competent courts to deal with disputes arising from air passenger contracts. The Business Court of Brussels verified the formal validity of the term without controlling its substantive validity in accordance with Irish legislation.

Is the Belgian Court required to assess the validity of the clause in the light of Directive 1993/13 as implemented in Irish legislation?

The Court of Cassation concluded that the Business Court should have assessed the substantive validity of the forum clause of its own motion and consequently its unfairness in the light of Directive 1993/13 and its implementing legislation in Ireland.

Integrale tekst: Integrale tekst

Geen resultaten

Geen resultaten

The Supreme Court reforms the judgement of the Business Court in Brussels stating that it should have assessed the substantive validity of the forum clause of its own motion and consequently its unfairness in the light of Directive 1993/13 and its implementing legislation in Ireland.