Case law

  • Case Details
    • National ID: K, afd. B-1622-99
    • Member State: Denmark
    • Common Name:Handelsfinans A/S vs. D
    • Decision type: Other
    • Decision date: 13/09/2000
    • Court: Vestre Landsret (Others)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Unfair Contract Terms Directive, Article 6, 1. Unfair Contract Terms Directive, Article 6, 2.
  • Headnote
    The case concerned the fairness according to the Formation of Contract Act § 36 and § 38 c (implementing art. 6 of Directive 93/13/EC) of a term authorizing a charge for giving notice in case of non-payment.
  • Facts
    Handelsfinans A/S, a financing company, issued an “express loan” to the consumer D through a retail shop. When D later failed to pay the instalments, Handelsfinans forwarded two notices to D, including charges for giving notice of DKK 135 and 225, respectively. The charges appeared in Handelsfinans’ standard policy conditions, which were issued to D when entering the contract.
  • Legal issue
    In subsequent enforcement proceedings the Enforcement Court found that the charges were unfair and thus violating the Credit Agreements Act § 22 and the Formation of Contract Act §§ 36 and 38 c (implementing art. 6 of Directive 93/13/EC). Consequently, the Court reduced the fees to DKK 100 each.

    The Western High Court, however, reversed the Enforcement Court’s decision. The High Court attached importance to the fact that the charges were agreed between the parties and that the actual work involved in trying to collect the claims justified the rate of the charges.
  • Decision

    Full text: Full text

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  • Result