Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: 3K-3-424-701/2016
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Aukščiausiojo Teismo sprendimas
    • Sprendimo data: 21/10/2016
    • Teismas: Lietuvos Aukščiausiasis Teismas
    • Tema:
    • Ieškovas: A. N.
    • Atsakovas: “ERGO Insurance SE”
    • Raktažodžiai: insurance contract, price, risk, unfair terms
  • Direktyvos straipsniai
    Unfair Contract Terms Directive, RECITALS Unfair Contract Terms Directive, Article 4, 2.
  • Įžanginė pastaba
    The provision of the car insurance agreement, stating that a car theft with vehicle registration documents remaining inside is a non-insured event, can be considered as an unfair term only in cases when this provision does not influence the premium paid by the consumer.
  • Faktai
    The plaintiff and the defendant concluded a car insurance agreement under which the plaintiff insured his car with a casco insurance. The agreement stipulated that a car theft with vehicle registration documents remaining inside was a non-insured event.

    After a year from the conclusion of the car insurance agreement the car was stolen from a secured parking lot with the vehicle registration documents remaining inside. The plaintiff approached the defendant with a request to compensate his losses due to the car theft, but the defendant considering the above-mentioned provision of the car insurance agreement asserted that a car theft with vehicle registration documents remaining in it is a non-insured event and therefore rejected the request.
  • Teisės klausimas
    Can the provision of the car insurance agreement, stating that a car theft with vehicle registration documents remaining inside is a non-insured event, be considered as an unfair term?
  • Sprendimas

    The court emphasised that in this case it was necessary to analyse two things. Firstly, whether the plaintiff had an option to choose a different insurance protection, under which theft of a vehicle with its registration documents remaining inside would be an insured event and, secondly, whether the insurance premium payed by the plaintiff was affected by the scope of the insurance protection. If the plaintiff had a possibility to determine the economic benefit of the given insurance plan and select from different types of insurance protection, then this provision would fall outside the scope of Directive 93/13/EEC. If the consumer did not have such a choice, i.e. the provision at hand did not influence the premium paid by the consumer, the provision would have to be considered in the light of Directive 93/13/EEC.

    URL: http://eteismai.lt/byla/274669557522233/3K-3-424-701/2016?word=va%C5%BEiavimo%20i%C5%A1laidos

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  • Rezultatas
    The case was referred back to the appellate court in order to analyse and consider whether the premium paid by the plaintiff had any influence to the insurer’s liability established in the insurance agreement.