Rechtspraak

  • Bijzonderheden van de zaak
    • Nationaal ID: ECLI:NL:HR:2016:769
    • Lidstaat: Nederland
    • Gangbare benaming:N/A
    • Soort beslissing: Beslissing hooggerechtshof
    • Datum beslissing: 29/04/2016
    • Gerecht: Hoge Raad
    • Onderwerp:
    • Eiser: N/A
    • Verweerder: N/A
    • Trefwoorden: collective action, consumer, unfair terms
  • Richtlijnartikelen
    Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 10, 1.
  • Koptekst
    (1) The court is not obliged to interpret the national law in accordance with Directive 93/13/EEC when it comes to contracts that have been concluded before 31 December 1994.
    (2) A clause that provides for the affixion of changes in the conditions of general terms & conditions is an unfair term if it creates a significant and unjustified imbalance.
  • Feiten
    The municipality gave building lots in ground lease to multiple parties. The general terms and conditions of the municipality, which had been amended throughout the years, apply on the ground leases. One of the terms in these general terms and conditions was that the municipality had the power (unilateral) to amend the general terms and conditions and the ground rent after 75 years. The municipality amended the general terms and conditions and the ground rent. In reaction, some of the leaseholders demanded a declaratory decision by the court that (i) the municipality was not competent to amend the ground rent and (ii) that the unilateral changes clause in the general terms of the municipality were void or subject to annulment.
  • Juridische kwestie
    (1) Is the court obliged to interpret the national law in accordance with Directive 93/13/EEC when it comes to contracts that have been concluded before 31 December 1994?
    (2) Is a clause that provides for the affixion of changes in the conditions of general terms & conditions an unfair term?
  • Uitspraak

    According to Article 10(1) of Directive 93/13/EEC, the Directive is applicable to contracts concluded after 31 December 1994. Even though the Directive is not applicable to the contract in this case, the court does form an anwser to the following question.
    The present power to make amendments in the conditions within general terms and conditions is not a clause that is unfair according to Article 6:236 and 6:237 BW. A term that appears in the indicative list of Directive 93/13/EEC is not necessarily unfair. The court should examine if the term causes a significant and unjustified imbalance. In this case, the court decided that there was no significant and unjustified imbalance.

    URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:HR:2016:769

    Integrale tekst: Integrale tekst

  • Verwante zaken

    Geen resultaten

  • Rechtsleer

    Geen resultaten

  • Resultaat
    The court reversed the appellate court's judgment.