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NNDKP: the 6th favorable verdict for Banca Comerciala Romana (BCR) in litigations against its clients

Nestor Nestor Diculescu Kingston Petersen (NNDKP) announced that the High Court of Justice and Cassation rendered a favorable verdict for Banca Comerciala Romana (BCR), in the litigation involving a group of clients that want to impose their own way of calculating interest.

The High Court of Justice and Cassation confirmed the arguments made by NNDKP for BCR the inexistence of abusive clauses, pursuant to the fairness of contracts from the perspective of Law 193/2003 in regard to clauses in contracts between merchants and consumers. Also, it said that by signing documents that they previously had been informed about the legal mechanism used by the bank, it cannot be sustained that there was a lack  of negotiation or/and a significant unbalance in the contract.

The judgment of the High Court confirms other 5 previous judgments where it was decided that the variable reference interest of the bank and the Euribor indicator are not one and the same. The six irrevocable and definitive solutions of the High Court of Justice and Cassation support the conduct of the bank pursuant to the validity of credit contracts and to the method of establishing the interest.

The bank’s clients asked the courts to method of calculating interest, composed by the reference interest of the bank and the fixed percentage margin stipulated in every credit contract. This would have had as impact the considerable diminishing of the interest, and thee would have been cases were it would go as low as 2%-3%, what would have meant an change in the credit cot agreed in the past.

The decisions of the High Court of Justice and Cassation set the conduct way for the parties involved in a valid and signed contract and oppose contract anarchy. Contracts end, are modified and executed as agreed between the parties involved, and the intervention of te courts is an exception and in extreme cases. Like any regulated right, the right of the consumer contains guidance and limitations, but these rules must be read and applied in a balanced way, without removing them from the general legal context. Hijacking it from the purpose it was created was fairly, promptly and coherently  sanctioned by the High Court of Justice and Cassation” said Ana Diculescu-Şova, Senior Partner NNDKP.

>> The source: JURIDICE.ro

 

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