Unfair Contract Terms Directive, Article 7

The Constitutional Court of Romania held that art. 13 of the Law no. 193 complies with the provisions of the Constitution of Romania and, subsequently, of the Romanian Code of Civil Procedure in force.

The claimant, a Romanian company, argued that the provisions of article 13 of the Law no. 193/2000 do not comply with the Constitution of Romania and prejudice the principle of the separation of powers in the state. Thus, the national court ascertains the facts and, also, decides the necessary sanctions, even though there is a specialized national authority responsible to ensure consumer protection - the National Authority for the Protection of the Consumers.

Moreover, the claimant argues that the article mentioned above does not provide the possibility to appeal the decision of the national court that ascertains the abusive clauses in the agreement and orders the modification of these clauses or the nullity of the agreement.
The Constitutional Court of Romania rejected the unconstitutionality exception invoked by the claimant and ruled that the art. 13 of the Law no. 193/2000 complies with the provisions of the Constitution of Romania and does not violate the principle of the separation of powers in the state.

The Constitutional Court of Romania held as follows:
• Whether the national court is contacted by the consumer or by the National Authority for the Protection of the Consumers, it is the sole authority competent to decide on the existence or non-existence of an abusive clause in an agreement.
• Even if the procedure presented by art. 14 of the Law no. 193/2000 provides 3 jurisdictional stages, it is possible for the procedure presented by art. 13 of the Law no. 193/2000 to provide only 2 jurisdictional stages. This is lawfull because art. 13 imposes both a contravention liability and a civil liability, whilst art. 14 refers only to a civil liability.
• art. 13 of the Law no. 193/2000 complies with the provisions of the Constitution of Romania.

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