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Case Details

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

Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 1.

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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