Case law

  • Case Details
    • National ID: Decision no. 1256/2011
    • Member State: Romania
    • Common Name:plaintiff and defendant unknown
    • Decision type: Supreme court decision
    • Decision date: 23/03/2011
    • Court: High Court of Cassation and Justice
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: credit agreement, free, unfair terms
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (b) Unfair Contract Terms Directive, Article 3, 1.
  • Headnote
    The clause providing the defendant's possibility to unilaterally increase the facility's charges and interests is not deemed unfair in the sense of Directive 93/13/EEC (implemented into Romanian law by the provisions of Law no. 193/2000 on unfair terms in consumer contract) if such increase is calculated as per the legal provisions regarding the calculation procedure of the annual interest.
  • Facts
    The plaintiff, as debtor, and the defendant, as creditor, have concluded a consumer facility agreement with a variable interest. The plaintiff sued the defendant requesting the court to consider the clause regarding the defendant's possibility to increase the facility's charges and interests as being unfair and excluded from the consumer facility agreement.
  • Legal issue
    The court found that the clause comprised in a consumer facility agreement which provides the defendant's possibility to unilaterally increase the facility's charges and interests cannot be deemed unfair if this clause sets forth that such increase shall be calculated as per the national legal provisions regarding the calculation procedure of the annual interest.
  • Decision

    Is the clause providing the defendant's possibility to unilaterally increase the facility's charges and interests deemed to be unfair in the sense of Directive 93/13/EEC considering that such clause also provides that the increase shall be calculated as per the legal provisions regarding the calculation procedure of the annual interest?

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The plaintiff's recourse request was accepted.