Case law

  • Case Details
    • National ID: IV. ÚS 4709/12
    • Member State: Czechia
    • Common Name:link
    • Decision type: Other
    • Decision date: 06/03/2013
    • Court: The Constitutional Court of the Czech Republic
    • Subject:
    • Plaintiff: Mirek D´Albert
    • Defendant: Regional Court in Prague
    • Keywords: case law, credit agreement, enforcement, financial services, good faith, imbalance between the rights of the parties, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote
    Regional court is not only allowed to assess the arbitral award, but it is even necessary to protect consumers from obligations created by unfair contract terms according to the legislation of the EU and decisions of the European Court of Justice. Based on this reason the regional courts have to assess the arbitral award even in the phase of execution, in case it is necessary to protect consumers.
  • Facts
    The plaintiff challanged the decision of the defendant (Regional Court in Prague). In that decision the court stated, that the court is not authorised to asses the legality of an arbitral award, which is already in the phase of execution. The plaintiff argued, that his right to a fair trial was infringed.
  • Legal issue
    The Constitutional Court of the Czech Republic agreed with the argumentation of the plaintiff. The Constitutional Court especially supported the opinion, that it´s necessary to follow the legislation of the EU and the decisions of the European Court of Justice and protect the customers from obligations created by unfair contract terms as much as possible. That means, that courts may assess the arbitral awards even in the phase of execution, if there is assumption of an obligation created by unfair contract terms.
  • Decision

    Is the regional court allowed to assess the legality of an arbitral award, which is already in the phase of execution, in case of a contract including unfair contract terms?

    URL: http://kraken.slv.cz/IV.US4709/12

    Full text: Full text

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    • Decision Date: 16/11/2010

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  • Legal Literature

    No results available

  • Result
    The Constitutional Court of the Czech Republic canceled the decision of the Regional Court in Prague and confirmed that the right of the plaintiff to a fair trial was infringed.