Case law

  • Case Details
    • National ID: link
    • Member State: Belgium
    • Common Name:ASLK Bank NV / federatie van Verzekeringsmakelaars
    • Decision type: Other
    • Decision date: 23/03/1999
    • Court: Hof van Beroep (NL)/Cour d'appel (FR) (Appellate court, Brussel)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 1.
  • Headnote
    1. The sole fact a contractual term may have negative consequences for the consumer does not imply automatically that the contractual term creates a “clear and significant imbalance”. The judicial control is based on a global assessment of all the contractual commitments. A specific disadvantage is to be assessed in the light of all the contractual obligations engaged in.
    2. Judicial control is confined to a marginal assessment of what the situation would be in absence of the said clause and of whether in that situation no longer a clear and manifest imbalance would occur between the parties’ rights and obligations.
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