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Case detail



Directive article Article 8 al1
Article 9 al1
National ID 15182/2011, VII d.
Country Bulgaria Decision date 03/11/2011
Common name Decision type Supreme court decision
Court Върховен административен съд (София) Plaintiff(s) Cosmo Bulgaria Mobile EAD
Court translation Supreme Administrative Court (Sofia) Defendant(s) Consumer Protection Commission
Subject cancellation of contract
Keywords terms & conditionscontract lawright of withdrawalrights of the trader

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Headnote

It constitutes an aggressive commercial practice when a trader makes the termination of a service agreement dependent on numerous cumulative conditions, and when the trader limits the consumer’s freedom of choice and imposes an unwanted renewal of the agreement to the consumer.

Facts

The plaintiff imposed additional requirements upon consumers for the termination of their agreements. In particular, the agreements could be terminated only upon submission of a specific termination and waiver form, which could only be sent to the plaintiff’s offices and this on a specific date (on the last day of the termination notice period). Neither the individual agreement nor the plaintiff’s general terms and conditions, however, provided for such requirements. The individual agreements envisaged that the termination of the agreement required only a one month prior notice to the plaintiff.

Legal issue

Can a trader make the termination of a service agreement dependent on numerous cumulative conditions, limit the consumer’s freedom of choice and impose an unwanted renewal of the agreement to the consumer?

Decision

The court found that the plaintiff’s requirements constituted an automatic repeated renewal of the agreements under the same contractual terms and conditions, which deprived consumers of their right of termination with a prior notice under the agreement.
The court held that such practice constitutes an aggressive commercial practice.
 

  URL Decision Decision full text
BG http://www.sac.government.bg/court22.nsf/d6397429a99ee2afc225661e00383a86/4ade3b5386f5ef2cc225793b003048b3?OpenDocument
EN N/A

Result

The ban on the commercial practice was upheld.

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