The court decided that a clause in an insurance policy placing the burden of proof of non-causality of alcohol intoxication and the accident on the insured party to benefit from the insurance, constitutes an unfair contractual term in the sense of article 4 of the Directive 93/13.
According to the judge, this type of clause creates an unfair balance between the parties because it is much easier for the insurer to prove that there is a connection between the accident and the alcohol intoxication, than it is for the insured person to prove that there is no such causality.
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