Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: High Court, Judgement 948/2021
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 15/06/2021
    • Sodišče: Višje sodišče v Ljubljani
    • Zadeva:
    • Tožnik:
    • Toženec:
    • Ključne besede: consumer credit, unfair terms, imbalance between the rights of the parties, consumer rights, price and payment
  • Členi direktive
    Price Indication Directive, Article 1 Price Indication Directive, Article 1 Price Indication Directive, Article 2 Price Indication Directive, Article 2 Price Indication Directive, Article 3 Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 4
  • Uvodna opomba

    ECLI:SI:VSLJ:2021:II.CP.948.2021

    The High Court finds that the Court of First Instance correctly explained that the Consumer Protection Act does not specifically regulate the storage contract, therefore the provisions of the Code of Obligations apply. As the litigants did not agree on the amount of payment for the service provided and the defendant as a consumer was not informed in advance of the plaintiff's price list, the court ruled that the defendant is not bound by the price set. Such a contractual term was correctly treated as unfair term in the meaning of Directive 93/13/EEC and consequently non-binding on the defendant as a consumer. A storage contract is concluded even when the parties have not set a storage price. The parties have concluded a contract, and the participants in concluding bilateral contracts are based on the principle of equal value of mutual benefits and balance of rights. It is conscientious and fair that the client pays for the benefits received under the repayment contract. The Court of First Instance was therefore right to assess what the normal market price would be for the service actually provided. Such an interpretation fully achieves the purpose of consumer protection, which is precisely to prevent the arbitrary pricing by the company without prior knowledge of the consumer.

    Relevance: The significance of the judgement is reflected in the fact that the provisions of Directive 93/13 / EEC also apply to the terms of a storage contract, in particular: regarding the price for a provided service, when the provider does not inform the consumer in advance of the price list.

  • Dejstva

    The consumer and the provider have entered into a storage contract. The litigants did not agree on the amount of payment for the service provided. The plaintiff (provider) did not inform the defendant (consumer) in advance of the price list. The consumer is of the opinion that the price charged by the provider is an unfair contractual condition and is therefore null and void.

  • Pravna zadeva

    Does the provision of a price also fall within the scope of an unfair contract term within the meaning of Directive 93/13/EEC when the provider does not inform the consumer in advance of the price of the service?

  • Odločba

    The High Court ruled that contract terms are binding on the consumer only if he was aware of their full text before concluding the contract. Pursuant to the third point of the third paragraph of Article 24 of the Consumer Protection Act, an contract condition is considered unfair if the price is not determined in the contract or is not sufficiently determined. Also, pursuant to point 3 of the first paragraph of Article 25.b of the Consumer Protection Act, as part of the explanatory duty, the company must provide the consumer with information on the final price of goods or services, including taxes, or the method of calculating the price if the nature of the goods or services cannot be calculated in advance. The Court of First Instance correctly clarified that since the litigants did not agree on the amount of payment for the service provided and the defendant as a consumer was not informed in advance of the plaintiff's price list, the defendant is not bound by the price set by the plaintiff as a company. It correctly considered such a contractual condition to be an unfair condition and consequently non-binding on the defendant as a consumer. The defendant was protected and guaranteed all his consumer rights by the impugned judgement. As the Court of First Instance correctly applied the substantive law and did not commit the alleged breaches of procedure, as well as others which the Appellate Court monitors ex officio, the appeal had to be rejected as unfounded and the judgement of the Court of First Instance upheld.

    URL: http://www.sodnapraksa.si/?q=id:2015081111450115&database[SOVS]=SOVS&database[IESP]=IESP&database[VDSS]=VDSS&database[UPRS]=UPRS&_submit=i%C5%A1%C4%8Di&page=0&id=2015081111450115

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek

    The appeal is dismissed, and the judgement of the Court of First Instance is upheld. Each party shall bear its own costs of the appeal proceedings.