Europees e-justitieportaal - Case Law
Sluiten

BÈTAVERSIE VAN HET PORTAAL NU BESCHIKBAAR!

Bezoek de bètaversie van het Europees e-justitieportaal en vertel ons wat u ervan vindt!

 
 

Kruimelpad


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID link
Lidstaat België
Common Name VZW Algemeen Ziekenhuis St-Lucas en Volkskliniek / D.S.D.
Decision type Overige
Decision date 04/01/2012
Gerecht Hof van Beroep (NL)/Cour d'appel (FR)
Onderwerp
Eiser
Verweerder
Trefwoorden

Unfair Contract Terms Directive, Article 3, 3. Unfair Contract Terms Directive, ANNEX I, 1.

MPA – scope of application – undertaking – hospital
MPA – unfair terms – damage clauses – lack of reciprocity and equality – nullity - examination of its own motion by the court – compensation – legal interes
A patient was invoiced for medical treatment in a hospital for an amount of 18.879, 79 EUR on type of which an annual interest of 10 % (from the 15th day after sending the invoice) (133,77 EUR) and a conventional compensation of 10 % (189,78 EUR) was claimed.
The first instance judge examined the contractual terms of its own motion and annulled the compensation ~ and interest terms because of their unfairness. The hospital lodged an appeal.
- A hospital is an undertaking within the meaning of the Market Practices Act.
- The judge is required to examine of its own motion the unfairness of a contractual term where he has available to him the legal and factual elements necessary for that task.
- Each clause that sanctions a breach of contract must be reciprocal. The reciprocity requirement also applies to late-payment interests. If the undertaking imposes a sanction on the consumer for a breach of contract, a similar sanction must be foreseen in case the undertaking breaches the contract. Perfect identity between the sanctions in the damages clauses is not required.
- The fact that the consumer can obtain compensation under general contract law does not count for reciprocity within the meaning of the Market Practices act. Reciprocity and equality also counts for interest clauses on late payments. In case of nullity of the contractual compensation, the undertaking can still obtain compensation by general law (at the legal interest rate).
Full Text: Full Text

No results available

No results available