Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: Supreme Court, Judgement AR C.21.0070.F
    • Lidstaat: België
    • Gangbare benaming:N/A
    • Soort beslissing: Beslissing hooggerechtshof
    • Datum beslissing: 08/10/2021
    • Gerecht: Hof van Cassatie
    • Onderwerp:
    • Eiser:
    • Verweerder:
    • Trefwoorden: Unfair terms, Transparency, Insurance contract
  • Richtlijnartikelen
    Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 5
  • Koptekst

    ECLI:BE:CASS:2021:ARR.20211008.1F.2

     

    The most favourable interpretation for the consumer prevails when there is doubt about the precise meaning of a contract term. The binding force of a contract based on the common intentions of the contracting parties cannot prevail or undo the interpretation rule in favour of consumers.

  • Feiten

    Insurance companies require owners of cars that are ‘wanted’ or above a certain value to install an approved theft alarm to get insurance cover for multi-risk. The contract clause imposing this condition appeared to be unclear in that it did not specify the value for which a theft alarm was required. According to Article VI.37 of the Code of Economic Law, and also Article 23 of the more specific Insurance Act of 4 April 2014, the most favourable interpretation to the consumer prevails when there is doubt about the precise meaning of a contract term. Yet, despite this rule, the Court of Appeal of Liège stated that although the contract did not expressly indicate the value for which a theft alarm is required, the binding force of the contract cannot be jeopardized by the aforementioned interpretation rule taking into account the common intentions of both contracting parties.

  • Juridische kwestie

    Do the common intentions of the parties to a contract prevail above the interpretation rule in favour of the consumer in the case of doubt about the precise meaning of a contract term?

  • Uitspraak

    The Supreme Court decided that the judgement of the Court of Appeal based on the common intentions of the parties breached the interpretation rule in favour of consumers since the Court admitted that there was doubt about the precise meaning of the contract term attesting that it did not specify the value of the cars for which a theft alarm was needed.

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat

    The Supreme Court annuls the judgement of the Court of Appeal Liège.