Case law

  • Case Details
    • National ID: link
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 22/05/2008
    • Court: Cour de Cassation (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 1, 1.
  • Headnote
    Consumer Protection – Unfair terms – Scope of application – Group insurance contracts – Significance
    Notwithstanding that the insured in a group insurance policy was a third party to the contract itself, the insurance being a benefit conferred by the promisee, there is nonetheless a direct contractual relationship of a bilateral – or synallagmatic – nature between the insurer and the insured, having been approved by the insurer, for the application of article L. 132-1 on unfair contract terms of the Code de la consommation.
  • Facts
    The company Cetelem loaned money to a married couple in the name of the couple or only in the name of the husband. The husband also became covered by the group insurance contract between Cetelem and the insurance company Cardif assurances risques divers (the insurer) which notably covered the risk of permanent and complete invalidity.
    After the husband had been declared unfit to work and given early retirement, the insurer refused to cover the reimbursement of the outstanding loans.
    The couple took the insurer and the lender to court. They argued that the clause of the group insurance company which the insurer invoked against the husband for refusing to cover repayment of the loans was unfair.
    The Court of appeal rejected the claim on the basis that article L. 132-1 du code de la consommation on unfair contract terms was inapplicable on the facts of the case given that the term in question was concluded between the insurer and the lender and not between the insurer and the borrower who had simply joined of his own accord.
    The Cour de cassation overturned the decision of the Court of appeal.
  • Legal issue
    Notwithstanding that the insured (Mr x) in a group insurance policy was a third party to the contract itself, the insurance being a benefit conferred by the promisee (Cetelem), there is nonetheless a direct contractual relationship of a bilateral – or synallagmatic – nature between the insurer (Cardif assurances risques divers) and the insured who had been approved by the insurer. As a result, the provisions on unfair contract terms of article L. 132-1 of the Code de la consommation were applicable and the Court of Appeal had erred in refusing to apply them.
    The spouses could therefore rely on article L. 132-1 of the Code de la consommation in relation to the contract concluded between the lender and the insurer.
  • Decision

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  • Result