Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Regional Court, Kaunas, Judgement e2A-493-924/2022
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Teismo sprendimas apeliacinėje byloje
    • Sprendimo data: 03/07/2024
    • Teismas: Kaunas Regional Court
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: real estate, credit agreement, B2C, unfair terms
  • Direktyvos straipsniai
    Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 1.
  • Įžanginė pastaba

    A contractual term which entitles the creditor to terminate the contract unilaterally is to be regarded as an unfair term since it upsets the balance of the rights and obligations between the parties to the detriment of the claimant as a consumer.

  • Faktai

    The plaintiff entered into a consumer credit agreement with the defendant Nordea Bank Finland Plc (now the Lithuanian Branch of Luminor Bank AS), by which the bank granted a credit of EUR 55,072.46 for the plaintiff's consumption needs (for the purchase of a house). The plaintiff obliged to repay the credit by 2047.

    28/05/2019 in a claim for payment of the debt, the bank informed the plaintiff that the plaintiff's debt to the bank amounts to EUR 552.72. Also, the plaintiff was informed that the bank would unilaterally terminate the consumer credit agreement if by 1/7/2019 the plaintiff had not covered the debt. On 7/8/2019, the bank unilaterally terminated the credit agreement. The plaintiff brought an action before the court requesting the court to deem the termination of the consumer credit agreement invalid. The First Instance Court upheld the action in full.

  • Teisės klausimas

    Is a contract term that entitles the creditor to terminate the contract unilaterally an unfair contract term?

  • Sprendimas

    The Court noted that the plaintiff had properly performed the agreement for more than eleven years and during this period had repaid a part of the credit of EUR 12,330.73 (the total amount of the credit was EUR 55,072.46), meaning that the amount of overdue obligations was only EUR 697.20 (1.6 percent of the remaining credit amount). The Court found that the plaintiff's breach of contract, late payment, and given the amount of the late payments and the period of delay, as well as his efforts to preserve the contract could not be regarded as sufficient grounds for the defendant to terminate the contract unilaterally. The Appellate Court stated that a contractual term that provides for the unilateral early termination of a contract is unfair and fundamentally upsets the balance of the rights and obligations of the parties to the detriment of the claimant as a consumer.

    URL: https://liteko.teismai.lt/viesasprendimupaieska/tekstas.aspx?id=c740639d-b075-4c15-a786-df72ad6e8ee7

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  • Susijusios bylos

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  • Rezultatas

    The Appellate Court left the decision of the First Instance Court unchanged.