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Case Details

Case Details
National ID cpjn 203/2013
Member State Czech Republic
Common Name link
Decision type Other
Decision date 23/04/2014
Court Supreme Court of the Czech Republic
Subject
Plaintiff Unknown
Defendant Unknown
Keywords consumer, credit agreement, fees, unfair terms

Unfair Contract Terms Directive, link

In this opinion the Supreme Court of the Czech Republic instructs the lower courts on disputes regarding fees in credit contracts. The fees concluded in credit contracts and its Terms and Conditions should be determined with a certainty and should relate to particular response by the second party according to the legislation of the EU about the protection of customers. The court also defines the term "fee" according to the Directive 93/13/EC.
Regional Courts in the Czech Republic concluded few cases dealing with the problems of the legal position of fees in credit contracts. The cases were judged differently by various courts with different results. Therefore, the Supreme Court of the Czech Republic issued this decision and informed the regional courts, on which way these cases are supposed to be decided.
The courts should judge similar cases in the same way. The fees concluded in credit contracts should be determined certainly and should relate to particular response from the second party according to the legislation of the EU about the protection of customers.
What is the legal position of fees in credit contracts and its Terms and Conditions and how should the lower courts decide in disputes regarding these fees?
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The regional courts should take this decision into acount and decide in the same way pro futuro.