Evropski portal e-pravosodje

Podatki o zadevi
- Nacionalna ID: Supreme Court, Judgement II DoR 328/2021
- Država članica: Slovenija
- Splošno ime:N/A
- Vrsta odločbe: Sodba vrhovnega sodišča
- Datum odločbe: 15/09/2021
- Sodišče: Vrhovno sodišče Republike Slovenije
- Zadeva:
- Tožnik:
- Toženec:
- Ključne besede: unfair terms, credit agreement, nullity, professional diligence

Prikaži vse|Skrči vse

Členi direktive

Unfair Contract Terms Directive, Article 3
Uvodna opomba

ECLI:SI:VSRS:2021:II.DOR.328.2021

An appeal on points of law can only be allowed i if the decision of the Supreme Court can 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. The circumstances of this case regarding the explanatory duty of bank i.e., the assessment of the unfairness of the main contractual condition and fulfilling the explanatory duty solely on the basis of information provided by a third party, the examination of the inadmissibility of the contractual conditions if the terms of the main subject matter are in clear and understandable language, the bank´s expertise and the imbalance of the contractual rights and obligations do not fulfil the requirements for an appeal on points of law.
Dejstva

The subject of the dispute is the credit agreement concluded in Swiss francs (CHF) in 2008 between the consumer (the plaintiff) and the bank (the defendant). The Court of First Instance dismissed the primary action for annulment of the credit agreement and the invalidity of the mortgage, which was upheld by the Appellate Court. The consumers then filed a motion for an appeal on points of law, providing questions of whether the bank can fulfil its explanatory duty towards the plaintiffs solely on the basis of contacts and information provided by a third party related to the borrowers who do not prove his authorisation while in contact with the bank; 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; the existence of one of the preconditions referred to in the first paragraph of Article 24 of the Consumer Protection Act is sufficient to establish that the contractual condition is unfair; the assessment of the inadmissibility of the contractual condition is unnecessary if the bank fulfilled the explanatory duty; 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; 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 regarding the plaintiff’s questions 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 panel of judges unanimously decided that its decision in this case is not 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, thus denying the request for an appeal on points of law.

Celotno besedilo: Celotno besedilo
Povezane zadeve

Zadetki niso na voljo
Pravna literatura

Zadetki niso na voljo
Zadetek

The Supreme Court denied the motion for an appeal on point. There are only a few extraordinary legal remedies available such as a constitutional complaint. The judgement is binding in the sense that the courts cannot rule differently in equal situations, nor can they rule equally in different situations.

Sodna praksa

Celotno besedilo