European Commission

 

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Directive article Emanating from Ministry of Justice, Slovak Republic Review Commission for valuation of provisions in consumer contracts , 06.04.2010 21997/2009-110.131
Country Slovakia Title EN Review Commission for the valuation of provisions in consumer contracts, Bratislava, Slovak Republic, Recommendation of 06.04.2010
Keywords cancellation of contractconsumer's homeprecontractual information

Head note

This non-binding recommendation shows the level of understanding of the implemented directive by various administrative bodies. Below a summary, the facts and the decision by the commission are described.

The commission expressed an opinion that by taking away, from appartment owners, the chance to raise objections against a contract on administration services (building administration), the service-provider proceeded contrary to his duties of a professional in this field of activity and thus his conduct constitutes an unfair commercial practice.

A meeting of apartment-owners took place in order to choose a company to take care of the building's administration.  Such company was chosen and asked to send a draft of a contract on administration services. The draft was shown to the owners, who individually proposed changes and these changes were integrated into the contract (unfortunately the commission didn't reflect on the fact, that both sides influenced the content of the contract).  A second meeting of the apartment-owners followed and the majority of the owners signed the contract. The rest of the owners now objects, that the signing of the contract took place without any further discussion and without them being able to raise objections and thereby influence the views of signing owners.

Recommendation: the commission argues that the rules prohibiting unfair commercial practices were violated already before the contract was signed. In view of the commission, the service-provider did not exercise the standard of special skill toward the consumers, commensurate with honest market practice and general principle of good faith in the field of his activity.

General note


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