European e-Justice Portal - Case Law
Close

BETA VERSION OF THE PORTAL IS NOW AVAILABLE!

Visit the BETA version of the European e-Justice Portal and give us feedback of your experience!

 
 

Navigation path


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID т. д. № 5/2013 г., I т. о., ТК
Member State Bulgaria
Common Name link
Decision type Supreme court decision
Decision date 15/05/2014
Court Supreme Court of Cassations
Subject
Plaintiff VAS ООD
Defendant E.ON BULGARIA SALES AD
Keywords supply of gas, water and electricity, terms and conditions, unfair terms

Unfair Contract Terms Directive, Article 3, 1.

The clauses of the general terms and conditions are unfair if they provide for strict liability and sanction consumers without guilt.
The first instance court (Gabrovo District Court) sentenced the plaintiff to pay to the defendant BGN 44,331.89 representing a value by which the bill for electricity consumed for the period from 22 May 2010 to 30 June 2010 and for the period from 01 July 2010 to 17 November 2010 is corrected. Therefore, the plaintiff appealed the first instance court decision before the Veliko Tarnovo Court of Appeals.

The second instance court confirmed the decision of the Gabrovo District Court. In order to deliver the contested decision, the appellate court held that the plaintiff is a consumer of electricity, while inspection of 17 November 2010 found that over the watt-hour meter is performed undue influence and therefore the defendant made correction to the electricity bills for the period from 22 May 2010 to 30 June 2010 and for the period from 1 July 2010 to 17 November 2010.

Therefore, the plaintiff appealed the judgment of the Veliko Tarnovo Court of Appeals before the last court instance – the Supreme Court of Cassations.
The defendant, an electric power distribution company, has proven accomplished violation – impact on the watt-hour meter by the user, which results in reporting a smaller amount of technically delivered and consumed electricity. There is a fault of the user, accomplished through impact on the watt-hour meter, which is a breach of his contractual obligations and should therefore engage consumer’s responsibility for payment of electricity for the claimed period. The period for which it has not been paid electricity delivered is proven and the price is calculated according to the methodology for its determination.
Are the clauses of the general terms and conditions unfair if they provide for strict liability and sanction consumers without guilt?
Full Text: Full Text

No results available

No results available

The court rejected the plaintiff’s appeal and upheld the second instance court’s judgment.