Case law

  • Case Details
    • National ID: no. 92
    • Member State: Romania
    • Common Name:link
    • Decision type: Other
    • Decision date: 06/05/2008
    • Court: Curtea de Appel (Appellate court, Ploiești – Secția Comercială și de Contencios Administrativ și Fiscal)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 3.
  • Headnote
    IV. Head notes:

    By applying article 4 of the Law no. 193 of 6 November 2000 on unfair terms in contracts between sellers and consumers (which transposes the Unfair Terms Directive 93/13), the Ploiesti Appeal Court ruled that the clause inserted in the adhesion contract between the parties is abusive and, consequently, it is void. The Court rendered that the consumer did not have the possibility to negotiate the clause with the other party and this is against the provisions of Law. No 193/2000.
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