Case law

  • Case Details
    • National ID: N° 04-16.698
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 03/06/2006
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 4, 1.
  • Headnote
    A term can be unfair whether it is essential or collateral.
  • Facts
    Mr X participated to a car rally in Tunisia organised by NPO during which his co-driver died in a car crash. The pilot has been sentenced to pay damages to the victim’s heirs.
    The vehicle’s insurance did not cover such accident and a limitation clause was in the contract binding the participants to NPO.

    Mr X sued the organizer because of its failure to check the pilot’s personal car insurance conditions.
  • Legal issue
    The Court of appeal considered that the limitation clause was valid because it was only collateral and not essential to the contract.

    The Cour de Cassation overturned the Court of appeal’s decision considering that the unfairness of a term is not dependant on the type of the contractual obligation concerned.
  • Decision

    Full text: Full text

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  • Result