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Case detail

B a c k

Directive article Article 5 1.
Article 6 1. (g)
National ID 20CoE 24/2011
Country Greece Decision date 31/05/2011
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 courtjudicial recourselegal actionslegal rights

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Headnote

Integrating an arbitration clause in standard terms and conditions constitutes an unfair commercial practice.

Facts

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.
 

Legal issue

Does integrating an arbitration clause in standard terms and conditions constitute an unfair commercial practice?

Decision

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
EL http://www.asu.sk/Aus.files/poistovnaXY/KSPO-20CoE-24-2011.pdf
EN N/A

Result

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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