Case law

  • Case Details
    • National ID: 652/2010
    • Member State: Greece
    • Common Name:National Bank of Greece SA v Consumer Union
    • Decision type: Other
    • Decision date: 15/04/2010
    • Court: Areios Pagos (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 3. Unfair Contract Terms Directive, ANNEX I, 1.
  • Headnote
    The following clauses in the terms and conditions of a credit card issuing bank are abu-sive and exploitative:
    1. Charge on credit card for withdrawing cash from a branch or ATM of the issuing bank
    2. Charge of costs for processing certain requests of customers due to vagueness
    3. Costs of small balance accounts
    4. Interest from amounts deposited or taken from another branch
    5. Exclusion of liability of the bank for fraud or gross negligence if payment is made to a not entitled person before the loss of card has been notified to the bank
    6. Changes of terms and conditions by notification of through leaflets or notices in stores.
  • Facts
    The bank used the incriminated clauses in its terms and conditions
  • Legal issue
    The clauses infringe Art. 2 of Act 2251/1994 (Consumer Protection Act), in particular para (7) (e) (k) (m) and are therefore void.
  • Decision

    Full text: Full text

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  • Result