Case law

  • Case Details
    • National ID: no. 189
    • Member State: Romania
    • Common Name:link
    • Decision type: Other
    • Decision date: 24/04/2008
    • Court: Curtea de Appel (Appellate court, București, Secția a V-a Comercială)
    • 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. Unfair Contract Terms Directive, ANNEX I, 1.
  • Headnote
    By applying article 4 and article 13 para (1) of the Law no. 193/2000 on abusive clauses in the contracts concluded between traders and consumers (which transpose the Unfair Terms Directive 93/13) the Bucharest Appellate Court held that the clauses of art 4 para (2), (3) and (4), article 13 para 1 and Annex 1 let. (i) are not incidental in the case and that the contract between the two parties is not a preformed standard contract.
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