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Podatki o zadevi
- Nacionalna ID: Supreme Court, Judgement II DoR 351/2021
- Država članica: Slovenija
- Splošno ime:N/A
- Vrsta odločbe: Sodba vrhovnega sodišča
- Datum odločbe: 17/11/2021
- Sodišče: Vrhovno sodišče Republike Slovenije
- Zadeva:
- Tožnik:
- Toženec:
- Ključne besede: unfair terms, credit agreement, nullity, professional diligence

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Členi direktive

Unfair Contract Terms Directive, Article 3
Uvodna opomba

ECLI:SI:VSRS:2021:II.DOR.351.2021

The questions of inadmissibility of the main subject matter when it is in a clear language, the necessity to consider the bank's expertise in possible exchange rate fluctuations and foreign exchange risk in order to assess a significant imbalance in the parties' contractual rights and obligations in regard to consumer credit agreements, and the question of interpretation of Article 24 of Consumer Protection Act do not qualify for an appeal on points of law. It cannot be expected that this decision would rule on a legal issue important to ensure legal certainty, uniform application of law or to develop law through case law.
Dejstva

The consumer (the plaintiff) concluded a credit agreement in Swiss francs with the bank (the defendant). The consumer brought action against the agreement claiming it was null. The Court of First Instance dismissed consumer’s claim. The Court of Appeal confirmed and upheld the judgement. The consumer thus filled a motion for an appeal on points of law, with the question of whether the examination of the inadmissibility of the contractual conditions must be made if the terms of the main subject matter are in clear and understandable language; a contractual condition is unfair if one of the conditions of Article 24 of the Consumer Protection Act is fulfilled; it is essential to consider the bank's expertise in possible exchange rate fluctuations and foreign exchange risk in order to assess a significant imbalance in the parties' contractual rights and obligations in regard to consumer credit agreements and which circumstances are relevant in assessing the significant imbalance in the contractual rights and obligations of the parties in a consumer credit agreement in foreign currency.
Pravna zadeva

Can the decision of the Supreme Court in this matter be expected to decide on a legal issue that is important for ensuring legal certainty, uniform application of law or for the development of law through case law?
Odločba

The motion for an appeal on points of law was unanimously denied. The Supreme Court allows a review if its decision can be expected to rule on a legal issue important to ensure legal certainty, uniform application of law or to develop law through case law. The Court found that this case does not qualify for an appeal on points of law.

URL: http://www.sodnapraksa.si/?q=id:2015081111452867&database%5bSOVS%5d=SOVS&database%5bIESP%5d=IESP&database%5bVDSS%5d=VDSS&database%5bUPRS%5d=UPRS&_submit=i%C5%A1%C4%8Di&page=0&id=2015081111452867

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Povezane zadeve

Zadetki niso na voljo
Pravna literatura

Zadetki niso na voljo
Zadetek

The motion for an appeal on points of law was denied. The judgement is binding in the sense that the courts cannot rule differently in equal situations, nor can they rule equally in different situations.

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Celotno besedilo