Case detailB a c k
Article 5 1.
Article 6 1. (g)
|National ID||20CoE 24/2011|
|Common name||Decision type||Court decision in appeal|
|Court||Krajský súd v Prešove, (Prešov)||Plaintiff(s)|
|Court translation||Regional Court in Prešov, (Prešov)||Defendant(s)||Rapid life životná poisťovňa, a.s.|
|Subject||terms & conditions|
|Keywords||court, judicial recourse, legal actions, legal rights|
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Integrating an arbitration clause in standard terms and conditions constitutes an unfair commercial practice.
The defendant, an insurance company, concluded an insurance agreement with the plaintiff, a consumer.
The insurance agreement was as a standard consumer agreement. The general insurance terms and conditions contained an arbitration clause, which was not individually agreed by the consumer.
After a dispute arose, the plaintiff stated not to be bound by the arbitration clause. The plaintiff stated that the incorporation of an arbitration clause in the terms and conditions constituted an unfair commercial practice.
Does integrating an arbitration clause in standard terms and conditions constitute an unfair commercial practice?
The court agreed with the point of view of the plaintiff and ruled that the incorporation of an arbitration clause in the general terms and conditions constitutes unfair commercial practice. As the arbitration clause is integrated in the standard terms and conditions of the agreement, the court stated, the consumer did not individually agree on this arbitration clause.
Submitting such agreement to the consumer is inappropriate and contrary to professional diligence which must be respected by the trader.
|URL Decision||Decision full text|
The court confirmed the decision of the District Court in Stará Ľubovňa dated 26/01/2011, ref. No.: 3Er/400/2010.
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