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Case detail

B a c k

Directive article Article 2 (h)
Article 5 2. (a)
National ID Decision no. 373/2012
Country Romania Decision date 04/05/2012
Common name Decision no. 373/2012 Decision type Court decision in appeal
Court Tribunalul Brașov Plaintiff(s) S.C. Credit Europe Bank Romania S.A.
Court translation Brasov Tribunal Defendant(s) National Authority for Consumer Protection
Subject financial services
Keywords consumer rightsdeceiving commercial practiceprofessional diligence

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Headnote

The performance of unauthorized banking operations in relation to customers` bank accounts, without the customers` approval, while the trader fails to undertake any investigations in order to discover the illicit operations performed by its employees, represents an unfair commercial practice.

Facts

On 18 August 2010 the plaintiff was sanctioned by the defendant with an administrative fine in the amount of approximately EUR 11,210 in accordance with Art. 15 of Law no. 363/2007. Following an inspection performed by the defendant at the plaintiff's premises, the defendant discovered that several banking operations had been performed without the customers' prior authorization, consisiting of partial or entire withdrawals of the amounts contained within the customers' bank accounts. Moreover, the plaintiff failed to undertake any investigations in order to discover the illicit operations performed by its employees.

The plaintiff filed an action challenging the sanctioning minutes issued by the defendant with the Brasov Courthouse. This court of first instance rejected the plaintiff's action and stated that the platintiff conducted an unfair commercial practice towards it consumers, which is contrary to its professional diligence, respectively to the standard of care reasonably expected by consumers from the trader in accordance with the fair market practices applicable in the economic sector in which the trader operates.

Legal issue

Does the performance of unauthorized banking operations in relation to customers` bank accounts, without the customers` approval, while the trader fails to undertake any investigations in order to discover the illicit operations performed by its employees, represent an unfair commercial practice?  

Decision

The court rejected the arguments of the plaintiff claiming that its actions did not represent an unfair commercial practice. The court approved with the reasoning of the court of first instance and dismissed the appeal, considering that the plaintiff's practices amounted to unfair commercial practices.

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Result

The plaintiff`s appeal was rejected and therefore the judgment of the Brasov Courthouse imposing adiministrative sanctions for the plaintiff was confirmed. 

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