Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: Supreme Court, Judgement 368/2021
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodba vrhovnega sodišča
    • Datum odločbe: 17/11/2021
    • Sodišče: Vrhovno sodišče RS
    • Zadeva:
    • Tožnik:
    • Toženec:
    • Ključne besede: consumer credit, mortgage loan, unfair term, nullity, imbalance between the rights of the parties
  • Členi direktive
    Unfair Contract Terms Directive, Article 3 Unfair Contract Terms Directive, Article 3, 1.
  • Uvodna opomba

    ECLI:SI:VSRS:2021:II.DOR.368.2021

    The Supreme Court allowed the revision regarding two issues, submitted in the consumer’s motion for admission of a revision of the judgement regarding the annulment of the consumer credit agreement in Swiss francs. The decision is based on Article 367.a(1) of the Civil Procedure, since the conditions set out in this provision were met in the case at hand.

  • Dejstva

    The plaintiff (borrowers), entered into a long-term loan agreement with the defendant as a lender. The long-term loan contained a currency clause (CHF and EUR). After the conclusion of the credit agreement, the currency ratio between CHF and EUR changed significantly. Since the value of CHF increased against EUR, the creditors' credit obligation increased significantly. The consumer, therefore, demanded the annulment of notarial deed (dated 14.03.2008) and of credit agreement (dated 12.03.2008). In the alternative, they demanded the termination of the agreement, and they also demanded payment of the claimed amount and reimbursement of the costs of the proceedings. The request also included the payment of EUR 696.91 and the finding of invalidity and deletion of the registration of the mortgage on the real estate.

  • Pravna zadeva

    - Whether Article 24(1) of the Consumer Protection Act can be interpreted as meaning that the presumption of good faith is covered only in the 4th point of the first paragraph of Article 24 of the Consumer Protection Act, namely in the phrase "contrary to the principle of diligence and honesty", but not in points 1, 2 and 3 of Article 24(1) of Consumer Protection Act, and the presumption of significant imbalance is covered only in point 1 of Article 24(1) of Consumer Protection Act, namely in the phrase “causes significant imbalance to the detriment of the consumer in the contractual rights and obligations of the parties ", but not in point 2, 3 and 4?

    - Whether the Court of Appeal's assessment of the defendant's good or bad faith was materially correct?

    - Are the conditions for the admission of revision met?

  • Odločba

    The Supreme court found that the conditions laid out in the first paragraph of Article 367.a of the Civil Procedure Act for the admission of revision were indeed met, therefore it admitted the proposal in accordance with the second paragraph of Article 367.c of the Civil Procedure Act.

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek

    A motion to allow a revision of the judgement was admitted.