Ítélkezési gyakorlat

  • Az ügy részletei
    • Nemzeti azonosító: OFE (Kläger I.) v. Vodafone Rt.
    • Tagállam: Magyarország
    • Közhasználatú név:N/A
    • Határozat típusa: Egyéb
    • A határozat napja: 01/07/2004
    • Bíróság: Fővárosi Bíróság
    • Tárgy:
    • Felperes:
    • Alperes:
    • Kulcsszavak: Ítélkezési gyakorlat Magyarország magyar
  • Az irányelv cikkei
    Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2.
  • Megjegyzés
    If a telephone service provider offers unlimited internet use (GPRS) and guarantees that the price for the service will not change within twelve months, then this service must not be restricted by one party acting unilaterally to amend its STCs.
  • Tények
    From 15/7/02, the defendant, Vodafone, marketed a special promotion for customers on its “Rock ’n’ Roll” tariff, offering them unlimited GPRS internet access. The defendant offered this service free-of-charge until 15th October 2002, at which point it began to charge for it. The defendant had guaranteed unlimited internet use and assured customers that the prices for the service would not change within twelve months. With unlimited internet use in mind, a number of consumers signed 1- or 2-year contracts.

    In February and March 2003, the defendant unilaterally amended its standard terms and conditions for a large number of contracts. The defendant replaced the unlimited GPRS internet use with a new clause, under which it reserved the right to limit or cancel the service (ie the data traffic). If, as a result of the changes to the contract, consumers wished to withdraw from their 1- or 2-year contracts prematurely, they had to pay the defendant a fee.
    The OFE (a not-for-profit association working to protect consumers’ interests), along with a number of consumers, filed a lawsuit with the Court of Budapest against the contract amendments.
  • Jogi kérdés
  • Határozat

    The court upheld the claim.
    In its ruling, the court referred explicitly to arrangements under the Hungarian Civil Code (Ptk), particularly § 209B para 1 Ptk. According to this provision, a standard contract term (or one used in consumer contracts) is unfair if it infringes the requirement to act “in good faith” and lays down, unilaterally and without reasonable grounds, contractual rights and duties that disadvantage one of the contractual parties. Furthermore, para 4 states that a separate regulation can set the terms of a contract that are to be regarded as unfair, or at least until such time as this is disproved.
    On the basis of this enabling power, Government Decree 18/1999 (II.5) specifies which terms in consumer contracts should be viewed as unfair. Under § 2e of this decree, any terms that permit the supplier, unilaterally and without reasonable grounds, to make changes to services in the contract are to be viewed as unfair until such time as this is disproved.
    In its ruling, the court explained that the defendant had unilaterally amended the original standard contract terms to his benefit. Hence, under the new clause, the defendant reserved the right to restrict its services to all consumers irrespective of who was at fault. Thus, unilaterally and without reasonable grounds, it had given itself the opportunity to limit the internet services. In the court’s opinion, a unilateral amendment is not unacceptable per se (it would be acceptable, for example, to restrict use if a consumer were threatening the functioning of the entire network). However, the defendant’s amendment to the contract was unacceptable since it had restricted its service provision to all consumers irrespective of who was at fault (or rather had given itself the opportunity to do so by introducing the new clause). Thus, the defendant was in breach of the principle of “good faith”. The court therefore ruled that the new standard contract term was unfair.
    The defendant lodged an appeal with the Court of Budapest. The court, however, reaffirmed its November 2004 verdict that the new standard contract term was invalid and null and void.

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