Case law

  • Case Details
    • National ID: link
    • Member State: Luxembourg
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 05/12/2013
    • Court: Supreme Court
    • Subject:
    • Plaintiff: X - Y
    • Defendant: Soc1 SA
    • Keywords: case law, consumer, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 2.
  • Headnote
    The fact that a contract is concluded before a notary removes the qualification of membership contract.

  • Facts
    According to the contested judgment, the Tribunal d'arrondissement of Luxembourg had declared unfounded the plaintiff's application for the annulment of the clause laid down in the act of opening of credit which they had concluded with the limited company the defendant and had authorized on the basis of article 71 of the Act of 2 January 1889 on the seizure of immovable property, the continuation of the prosecution of the immoveables more fully specified in the operative part of the judgment. On appeal, the Court of Appeal upheld the judgment.
  • Legal issue
    The court dismissed the appeal.
  • Decision
  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    By holding that the contract concluded by a notarial deed does not constitute a membership contract within the meaning of the relevant standards and that it does not fall within their scope, the appellate judges have correctly applied these provisions . The plea is therefore unfounded.