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HCCJ. Credit agreement. Action for stating the absolute nullity of the clause regarding the variable interest rate

See also the debate Abusive clauses, swiss francs and others alike [ JURIDICE DEBATES]
The High Court of Cassation and Justice ruled that, according to the jurisprudence of The Court of Justice of the European Union, the clauses of a banking agreement regarding the price of the contract must be drafted in a clear and comprehensible way, for giving to the consumer the possibility to foresee the economic consequences of the contract. In this particular case, the High Court said that judging from the way the clause was written “it can not be assumed, in a clear and comprehensible way, which will be the evolution in time of the variable part of the interest rate which the claimants must pay to the bank, the wording of the clauses giving the possibility to the bank to evaluate in an unilateral way, the standards according to which it will be established this element of the interest rate, being created, in this way, an obvious unbalance between the rights and the obligations of the parts, in the detriment of the consumers, also resulting the bad faith of the bank in the matter of writing these clauses (…)”. (Decision no.3234 from 23 October 2014 ruled in recourse by the Second Civil Section of the High Court of Cassation and Justice having as object the declaration of an abusive clause)

:: The source: JURIDICE.ro

Raluca-Andreea TRÎNCĂ-GĂVAN

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