Case law

  • Case Details
    • National ID: 17CoE/44/2012 (Pohotovost)
    • Member State: Slovakia
    • Common Name:link
    • Decision type: Other
    • Decision date: 08/08/2012
    • Court: Krajský súd (Others, Trenčín)
    • 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, Article 6, 1. Unfair Contract Terms Directive, Article 6, 2. Unfair Contract Terms Directive, ANNEX I, 1.
  • Headnote
    The appeal against a decision of the District Court Partizánske is dismissed. The District Court ruled that an arbitration award issued against a consumer is unenforceable if the underlying arbitration clause, which was part of the standard terms in a consumer credit contract, infringes the rules on unfair terms in consumer contracts.
  • Facts
    The plaintiff sought enforcement and execution of an arbitration award against a consum-er. The underlying arbitration clause was part of the terms and conditions of a consumer credit contract.
  • Legal issue
    Under § 53 para. 1, 4 point. r) of the Civil Code, consumer contracts must not contain unfair terms that cause a significant imbalance in the rights and obligations of the parties to the detriment of consumers. In particular terms that require the consumer to settle disputes exclusively by arbitration are considered unfair in that sense. The arbitration clause was therefore void under § 53 para. 5 of the Civil Code.
  • Decision

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result