Jurisprudenţă

  • Detalii privind cazul
    • ID național: Decision no. 3864/2014
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Hotărârea Curții Supreme
    • Data deciziei: 04/12/2014
    • Instanţa: Inalta Curte de Casatie si Justitie
    • Obiect:
    • Reclamantul: Unknown
    • Pârâtul: Unknown
    • Cuvinte-cheie: nullity, precontractual information
  • Articole din directivă
    Unfair Contract Terms Directive, Article 3, 2.
  • Notă preliminară
    (1) The signing of an agreement does not presume that such agreement has been negotiated.
    (2) The simple action of informing the consumer of the provisions of the adhesion agreement is not equivalent to a negotiation of the agreement.
    (3) The courts have the obligation to declare ex officio the annulment of the abusive clauses included in an agreement even though such clauses are clearly and intelligibly drafted.
  • Fapte
    The plaintiffs sued the defendant, requesting the annulment of several clauses comprised into a facility agreement considered by the plaintiffs as abusive. In addition, the plaintiffs claimed the reimbursement of the expenses regarding the lawsuit and the restitution all of the amounts paid as an obligation based on the clauses considered abusive by the plaintiffs.
  • Chestiune juridică
    (1) Is the signing of an agreement indicative of its negotiated character?
    (2) Is it enough to simply inform the consumer with respect to the provisions of the adhesion agreement in order for its clauses to be considered having been negotiated?
    (3) Do the courts have the right/obligation to declare ex officio the annulment of the abusive clauses from an agreement if the clauses are clearly and comprehensible?
  • Hotărârea

    The legal reasoning of the court with respect to points (1) and (2) above is based on the fact that the parties are not in equal positions. The agreement provided by the bank is an adhesion agreement, in which case the professional has to prove that the clauses have been negotiated.
    The court stated that it is entitled to annul the abusive clauses from an agreement (even if they are clearly and intelligible drafted).

    Text integral: Text integral

  • Cazuri conexe

    Nu există rezultate disponibile

  • Doctrină

    Nu există rezultate disponibile

  • Rezultat
    The court annulled the decision of the inferior court and sent the case back to such inferior court in order to issue a new decision based on the new factual circumstances emphasized by the supreme court.