Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Court, Judgement e3K-3-499-684/2018
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Aukščiausiojo Teismo sprendimas
    • Sprendimo data: 19/12/2018
    • Teismas: Supreme Court of Lithuania
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: unfair terms, Consumer credit, average consumer
  • Direktyvos straipsniai
    Unfair Commercial Practices Directive, Chapter 1, Article 2, (a) Unfair Commercial Practices Directive, Chapter 1, Article 3
  • Įžanginė pastaba

    1. The classification of a refinancing loan agreement as a consumer contract does not depend on the fact that the refinanced loan itself (the original loan) is for consumer purposes.

    2. A condition of a consumer loan agreement providing 0.2 percent of interest for each day of late payment is not fair.

  • Faktai

    The plaintiff (consumer), among other requests, asked the Court:

    1. To declare the unilateral termination of a loan agreement concluded between the defendant (Credit Union) and the plaintiff unlawful and order the defendant to perform this agreement.

    2. To replace an unfair clause in the loan agreement that provided 0.2 percent interest on arrears and with a clause providing a reduced interest on arrears to 0.02 percent.

    The First Instance Court dismissed the action.

    The Appellate Court left the decision of The First Instance Court unchanged.

  • Teisės klausimas

    1. Does the classification of a refinancing loan agreement as a consumer contract depend on the fact that the refinanced loan itself (the original loan) is for consumer purposes?

    2. Is a clause of a consumer loan agreement providing 0.2 percent of interest for each day of late payment fair?

  • Sprendimas

    1. In cases where the loan agreement is concluded for the purpose of refinancing another loan, in classifying the refinancing loan agreement as consumer contract, it is necessary to assess not for what purpose the original loan agreement was concluded, but for what purpose the person acted in concluding the refinancing loan agreement. For the purposes of assessing this objective, it is relevant whether the person entered into the refinancing loan agreement with a functional relationship with the business (economic activity) for which the original loan agreement was concluded, or whether it was entered into not with his professional activities but with having concluded the original loan agreement. The purpose of a refinancing loan is determined by the circumstances prevailing at the time the contract was entered into.

    2. The Court found that a condition of the loan agreement for 0.2 percent interest on arrears is unfair and invalid from the moment of conclusion of the contract. The panel of judges, based on the above explanations and taking into account the case law of the Court of Cassation, when even in business contracts 0.2 percent interest rate is considered excessive, and also taking into account the provision of Article 11 (8) of the Consumer Credit Law in the case of payment of instalments, the penalties imposed on the consumer credit recipient may not exceed 0.05 percent of the amount overdue for each day of delay, and the fact that the Credit Union has not provided evidence that the interest rate could be considered normal, concludes that there is no reason to conclude that the trader could reasonably have expected the consumer to have agreed to that amount of default interest if the term of that contract had been negotiated separately.

    URL: https://eteismai.lt/byla/115047937550327/e3K-3-499-684/2018?word=brokas%20suprantamas

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  • Rezultatas

    The Court declared the unilateral termination of the loan agreement unlawful and ordered the defendant to perform this agreement. The Court declared the condition of the loan agreement providing 0.2 percent of interest for each day of late payment unfair and invalid from the moment of conclusion. The Court annulled the rest of the ruling of The Appellate Court and referred the case back to The Appellate Court for retrial.