Case law

  • Case Details
    • National ID: Regional Court, Riga, Judgement CA-1080-21/32 (C30850519)
    • Member State: Latvia
    • Common Name:N/A
    • Decision type: Court decision in appeal
    • Decision date: 14/09/2021
    • Court: Rīgas apgabaltiesa
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords: consumer rights, unfair terms, main subject-matter of the contract
  • Directive Articles
    Unfair Contract Terms Directive, RECITALS Unfair Contract Terms Directive, Article 4, 2. Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, ANNEX I
  • Headnote

    ECLI:LV:RAT:2021:0914.C30850519.13.S

    If an insurance contract contains a clause which defines the main subject-matter of the contract, this clause shall be excluded from the unfairness assessment.

  • Facts

    The insurance contract was concluded between a consumer and the insurer for insurance of the car against theft. The car was stolen during the validity term of the contract. The insurer refused to provide insurance redress because the car was not equipped with an alarm system which was communicated to the consumer when the insurance contract was signed. This insurer’s refusal was disputed by the consumer in a court. The first instance court refused the claim. The insured filed an appeal claim by referring to Article 6 (2.1) of the Consumer Rights Protection Act and arguing that the insurer was obliged to draft clearer contractual terms. Therefore, the appellant concluded that the respective contractual clauses should be interpreted in his favour.

  • Legal issue

    The question to be decided by the appeal instance court related to the issue of whether the contractual clauses in question were drafted in plain, intelligible language.

  • Decision

    The appeal instance court evaluated different aspects of the case including an issue raised in the appeal claim concerning interpretation of the contractual clauses in question. The appeal instance court disagreed with the appellant’s motive concerning unclarity of the contract. The court emphasised that the term ‘anti - theft system’, crucial for this case, was clearly characterised in the contract. The court went on and analysed the appellant’s argument that the insurance contract provisions were not drafted in the clear, intelligible language. The court established that the unfairness of a contractual term cannot be assessed if it relates either to the definition of the main subject-matter of the contract or to the adequacy of the price and remuneration with the services or the goods. In this regard, the court referred to the preamble of the Unfair Terms Directive and concluded that the terms of the insurance contract which clearly define or limit the insured risk, insurance premiums and deductible, as well as the insurer's liability, are not subject to the assessment of unfair contract terms.

    URL: https://manas.tiesas.lv/eTiesasMvc/nolemumi/pdf/463635.pdf

    Full text: Full text

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  • Result

    The court dismissed both the appeal and the claim. The judgement was appealed to the Supreme Court but later entered into force as the Supreme Court refused to initiate cassation proceedings.