Alte materiale

Unfair Contract Terms Directive, Article 3 , Unfair Contract Terms Directive, Article 4 , Unfair Contract Terms Directive, Article 6 , Unfair Contract Terms Directive, ANNEX I, 1., (e)

MINUTĂ. Întâlnirea președinților secțiilor specializate (foste comerciale) ale Înaltei Curți de Casație și Justiție și curților de apel. 27-28  iunie 2019 (p. 3-11)

Institutul National al Magistraturii

1. The principle of  monetary nominalism is operative as regards the credit contracts concluded between a consumer and a bank, when the payments are to be made in a foreign currency; the ECJ was seized with a request for preliminary ruling on the matter of the possibility of national courts to analyse, from the perspective of its unfair character, a contractual provision reaffirming this principle with its decision bringing more clarity.

2. A contractual provision on the penalties for late performance clearly enters into the scope of the Law 193/2000 and it may be declared as unfair when the stipulated penalties are excessive/disproportionate; in order to invalidate the term, the courts should verify also that the other requirements set by the law are met.