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Case Details

Case Details
National ID n. 27005
Member State Italy
Common Name Amati and others v. Soc. Cassa risp. della Spezia
Decision type Other
Decision date 12/11/2008
Court Corte di cassazione (Supreme court)

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

No Headnotes available.
The bank (Cassa di Risparmio della Spezia) was granted by the President of Tribunale della Spezia (Court of La Spezia) an executive tile (“ingiunzione”) dated of 5/10/1196 for the amount of Lire 344,967,986, as well as interest against AL, Am.An., A.A. and F.A., guarantors of the company ORED s.r.l. for two bank accounts, in relation to the debts of the company towards the institute.

The defendants argued, among other things, that they were only members of the company Ored s.r.l. (Ltd.) and as such they should be considered consumers and that the fact that the principal debtor was a company had no relevance.
Although the guaranty (“fideiussione”) in itself may not be understood as a contract for the sale of goods or provision of services between a professional and a consumer, as stated in art. 1469-bis Civil Code in the wording before the Act no. 526 of 21 December 1999, however, even in the previous version, the regulation on unfair terms introduced by Act no. 52 of 6 February 1996 applies for guaranty ( “fideiussione”) that access to banking contracts (objective requirement). In case of guaranty (“fideiussione”), in order to value if the contract is a B2C contract, man has to consider the main debtor.
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