According to the court, the agreement does not put an obligation of immediate performance on the seller but, conversely, does lead to the consumer being bound immediately and for a long term period to the seller. Consequently, the consumer is deprived of the opportunity to contract with another vendor.
Next, the court considers that by making the termination of the contract subject to the payment of an exorbitant amount (being 30% of the initial price), a significant imbalance between the rights and obligations of the parties is being established.
For those reasons the court declares the article of the general sales conditions, establishing that imbalance, null and void under article 6 of the Directive 93/13.