Orzecznictwo

  • Dane sprawy
    • Identyfikator krajowy: VI ACa 832/13
    • Państwo członkowskie: Polska
    • Nazwa zwyczajowa:N/A
    • Rodzaj decyzji: Inne
    • Data decyzji: 16/01/2014
    • Sąd: Sąd Apelacyjny w Warszawie
    • Temat:
    • Powód/powódka: Association (…) in K.
    • Pozwany/Pozwana: (…) Sp. z o.o. in G
    • Słowa kluczowe: delivery, delivery charges, distance contracting, Distance Selling Directive
  • Artykuły dyrektywy
    Distance Selling Directive, Article 6, 1.
  • Uwaga główna
    A clause obligating a consumer to cover product return and delivery costs is not regarded as an unfair clause, as burdening a consumer with return and delivery costs is contrary to mandatory provision of law. However, it is lawful to burden a consumer with the direct costs of return of a product.
  • Fakty
    The Plaintiff brought a claim to court for declaring as unfair a contract term applied by the Defendant, stating that return and delivery costs are not subject to reimbursement . Having received a copy of the Plaintiff’s submission, the Defendant changed the contested term. The court of first instance dismissed the claim arguing that the contested term is contrary to mandatory provision of law and therefore cannot be regarded as an unfair clause.
    The Plaintiff brought an appeal against that judgement.
  • Zagadnienie prawne
    Should a clause obliging a consumer to cover return and delivery costs be regarded as an unfair clause?
  • Decyzja

    The court of appeal stated that the court of first instance was right in its judgement, however the judgment should be justified on other grounds. The contested clause is contrary to mandatory provision of law (i.e. art. 7 sec. 3 of the Act of 2 March 2000 on Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product) only to the extent it obliges the consumer to cover return costs incurred by him. However, burdening the consumer with direct costs related to the return of a product is not contrary to the above-mentioned provision and consequently art. 6 sec. 1 and art. 6 sec. 2 of Directive 97/7/EC. The court also reiterated the reasoning provided by the Court of Justice of the European Union in Case C-511/08.
    Therefore, the court dismissed the appeal on grounds that part of the contested clause is contrary to mandatory provision of law, which precludes its classification as an unfair term, whereas burdening a consumer with the direct costs of return of a product is lawful and also cannot be regarded as an unfair term.

    URL: http://orzeczenia.ms.gov.pl/content/$N/154500000003003_VI_ACa_000832_2013_Uz_2014-01-16_002

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  • Wynik
    The appeal was dismissed.