Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 6

ECLI:CZ:NS:2019:20.CDO.1704.2019.1

According to the Art. 1813 CC, stipulations which establish, contrary to the requirement of proportionality, a significant imbalance in the rights or duties of the parties to the detriment of the consumer are presumed to be prohibited. One of the contractual terms which is often under review is the contractual fine and its amount. The courts have to decide whether the agreed amount of the contractual fine is an unfair term.

The parties of the contract agreed on a contractual fine in the amount of CZK 800 per day, (i.e., an amount corresponding to 0.5% per day of the total amount owed). One of the parties (the consumer) claimed that such a high amount of contractual fine can be considered an unfair term.

Contractual fine as an unfair term.

The Court considered whether a contractual penalty  of CZK 800 per day for the delay in the payment of monetary performance is an unfair term.

The Court of Appeal concluded that the amount of the contractual penalty agreed corresponded to the significance and amount of the secured obligation, as well as to the circumstances under which it was agreed. The parties did not conclude an adhesion agreement, no further disproportionate interest or any other significant sanctions were agreed in the agreement. The Supreme Court therefore concluded that the contested decision was fully in line with the established decision-making practice of the Appellate Court and that the amount of the contractual penalty was therefore not disproportionate (unfair).

URL: https://nsoud.cz/Judikatura/judikatura_ns.nsf/WebSearch/8316B6B9EE090E33C12584630018326B?openDocument&Highlight=0,null,

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Výsledky nejsou k dispozici.

Výsledky nejsou k dispozici.

The negotiated contractual fine is not unfair and not contra bones mores.