Case law

  • Case Details
    • National ID: 1079/2006
    • Member State: Spain
    • Common Name:“Asociación Amas de Casa A.” v “Gas N., S. A.”
    • Decision type: Other
    • Decision date: 03/11/2006
    • Court: Tribunal Supremo (Supreme court)
    • 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, Article 5
  • Headnote
    A clause that fixes a single amount for two different and unrelated services without specify which part of that sum corresponds to each one, infringes the consumer’s right to information and must be considered “unfair term” and void.
  • Facts
    The association of housewives “A.” (Asociación Amas de Casa “A”) brought a collective action of cessation against the gas supplier “N.” (Gas “N”, S. A.), claiming that 489 of its members had paid different sums of money (in all cases lower that 90 euros) for the administrative expenses as well as the inspection of the internal facilities, as established in one of the clauses of the supply agreement. The association demanded the refund of the amounts that the supplier had charged on the basis of this clause. The Court of First Instance and the Appeal Court fully accepted the claim. Gas “N” appealed to the Supreme Court against the former decisions. The Supreme Court did not accept the claim.
  • Legal issue
    According to the First Additional Disposition of Law 26/1984 on Consumer Protection a clause that fixes a single amount for two different and unrelated services (v. g. administration and inspection services) infringes the consumer’s right to obtain clear information and, due to this lack of transparency in setting the price, is deemed to be considered “unfair term” and therefore void.
  • Decision

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