High Court of Cassation and Justice dismissed the motion through which two clients of Volsbank Romania requested the court to establish the abusive character of terms regarding the risk commission in contracts.
The victory obtained in case file 5093/99/2011* in front of High Court of Cassation and Justice determines an entire modification of the previously ruled decisions of inferior courts in the case of the two Volksbank Romania clients. The clients have requested the court to establish the abusive character of some terms included in contracts. The terms in discussion are the commissions issued by banks, mainly regarding the risk commission.
A team of Țuca Zbârcea & Associates lawyers run by Ionuț Șerban has represented the interests of Volksbank Romania in appeal, in front of High Court of Cassation and Justice and Iași Appeals Court.
”I strongly believe that at the moment of entering a contract, both parties have responsibilities. High Court of Cassation and Justice decision should become a precedent concurring to the unification of court practice in banks versus consumers litigations. In this area, court practice has been inconsistent: some courts ruled in favour of banks, while other courts ruled in favour of consumers. Such thing is not fortunate for the parties, but it prolongs this so-called war between banks and clients”, stated Ionuț Șerban, Associate Lawyer at Țuca Zbârcea & Associates.
The supreme court decisions is irrevocable and has been ruled in 27 of november.
Țuca Zbârcea & Associates is in the first position of Legal 500 international directory ranking regarding the solving capacity of legal matters. The team of over 40 lawyers in the litigation and internal/international arbitration department represents clients on all levels of the Romanian judicial system, from first courts to the High Court of Cassation and Justice, as well as in special procedure in front of the Constitutional Court and national and international courts, in complex arbitration procedures based on the Court for International Commercial Arbitration (Romanian Chamber of Commerce and Industries), ICC, UNCITRAL and ICSID.
About Țuca Zbârcea & Associates
With a team of 95 lawyers in the Bucharest office, Țuca Zbârcea & Associates has a secundary office in association with Nistorescu, Șomlea & Associates in Cluj Napoca, as well as a representative office in Madrid, Spain. In addition, the firm established a strategic “best friend” cooperation agreement with law firm Țurcan Cazac, the leader of the business law market in the Republic of Moldova.
Țuca Zbârcea & Associates offers the whole range of legal services, being recommended by prestigious specialised international directories in areas such as litigation and international arbitration, public acquisitions, enercy and natural resources, banking and finance law, infrastructure, employment law, corporate and commercial, mergers, acquisitions and privatisation, and others.
Țuca Zbârcea & Associates has received many recognitions and distinctions both locally and internationally, being the winner of ” Law firm of the year” award for four consecutive years, and has also been nominated ” Most Innovative Continental European Law Firm” by the Financial Times. Furthermore, this firm has received the most pretigious distinction – ”Law Firm of The Year Award” (Chambers Europe Awards for Excellence 2010), and the most important regional award given by the british magazine The Lawyer – “Law Firm of the Year in Eastern Europe and the Balkans Award” (The Lawyer European Awards 2010).
Also, recently, Țuca Zbârcea & Associates has won the” Best Managed Workplace” award in the MPF European Leadership Awards 2012 ceremony.
Țuca Zbârcea & Associates portfolio includes numerous national and international companies, important financial institutions, as well as public authorities and government agencies. Some of the most reprezentative clients are: Erste Bank /Banca Comercială Română (BCR), OMV Petrom, CEZ, Rompetrol Rafinare, ArcelorMittal, Carrefour, Romtelecom, Orkla Foods, Colgate Palmolive, GED Capital Development, Cadbury, The Bucharest Stock Exchange, BRD-Groupe Société Générale, Banca Europeană pentru Reconstrucţie şi Dezvoltare (BERD) European Bank for Reconstruction and Development, Philip Morris, Alstom Transport, Siemens, Ericsson Telecommunications Romania, ING Real Estate and others.
>> The source: JURIDICE.ro