Case law

  • Case Details
    • National ID: 7C/792/2014
    • Member State: Slovakia
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 05/03/2015
    • Court: District Court Skalica
    • Subject:
    • Plaintiff: Československá obchodná banka a.s.
    • Defendant: Z. T., Slovak citizen
    • Keywords: consumer, consumer debt, unfair terms
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 1, 2., (a)
  • Headnote
    (1) Falls under the definition of a consumer, a person who does not act within its commercial or other activities when concluding a contract. While concluding a consumer contract, the seller must not act contrary to good manners.

    (2) If only the amount of a monthly payment, but not all the amounts of the instalments, are contained in the contract, the mandatory requirements of consumer protection provisions are not followed. A contract must contain the amount, number and terms of the instalments with respect to the capital amount, interests and other charges.

    (3) A condition in a consumer loan is not deemed as individually agreed, if such condition was proposed beforehand and the consumer did not have a chance to influence the condition.
  • Facts
    The defendant has concluded a contract on consumer loan with the plaintiff in 2008.
    The defendant did not pay the outstanding amount as stated in the consumer loan and the plaintiff declared early maturity of the loan.
    The plaintiff has filed a lawsuit against the defendant, demanding the defendant to pay the due amount including interest and default interest.
    The defendant did not submit any statement to the court nor participated in the court proceeding.

  • Legal issue
    (1) The court examined whether the defendant was in the position of a consumer when concluding the consumer loan. The court identified that the defendant was indeed in the position of a consumer and applied the interpretation that is more favorable for the consumer.

    (2) The court examined the mandatory requirements for consumer loans. From the contract on consumer loans, the court identified that the amounts and terms for payment of interests and other charges were unclear. The court determined that the consumer loan did not fulfil the mandatory requirements under Slovak law and also included unfair terms and thus, the motion of the plaintiff was not reasonable.
  • Decision

    (1) Which person falls within the scope of the notion consumer, in the context of a consumer loan?

    (2) Does a consumer contract need to contain the amount and terms for the payment of instalments with respect to interst and other charges?

    (3) Is a condition in a consumer loan individually agreed, if such condition was proposed beforehand and the consumer did not have a chance to influence the condition?


    URL: https://obcan.justice.sk/infosud/-/infosud/i-detail/rozhodnutie/1866af9f-df16-4202-9c99-bf3d39bce36e%3A413e4b11-b54f-4336-85d1-563a55e6b609

    Full text: Full text

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  • Result
    The court dismissed the plaintiff´s motion.