Înalta Curte de Casaţie şi Justiţie
National case details
Instance: Cassation (review)
Case status: Final
Area of law
Safeguards for access to justice
Relevant principles applied
In judicial dialogueJudgement of the CJEU 10 August 2017, Case C-240/98
Identification of the case
- art. 20 Romanian Constitution
- art. 109 and art. 113 pct. 8 civil procedural code, Law no. 193/2000
- Directive no. 93/13/CEE
Summary of the case
The claimant requested the annulment of abusive clauses form a credit contract. He introduced his claim at the first instance court from his domicile, and the place from the branch of the Bank where the credit contract was signed. The judge considered that the court was not competent to solve the case based on a competence agreement from the credit contract and redirected the case towards First Instance Bucharest District Court 1, as stipulated. The judge from First Instance Bucharest District Court 1 considered that the court was not competent based on declaring ex officio the jurisdiction agreement as an abusive clause, which infringes the consumer’s right to a fair trial.
The High Court decided that the court from the consumer’s domicile has jurisdiction to solve de case.
- Civil judicial enforcement
The High Court decided that the jurisdiction agreement is an abusive clause according to the conditions established in Directive no. 93/13/CEE as applied in accordance with the ECJ case law.
Role of the Charter and role of the general principles on enforcement
- Right to a fair trial
- Explicit reference to Art. 6 ECHR
Art. 20 Romanian Constitution.
The national judge applied the right to a fair trial, art. 6 ECHR and ECJ case law C-137/08, regarding VB Penzugyi Lizing Zrt. vs. Ferenc Schneider, case C-240 from 98 and C-244 from 98 Case Oceano Grupo Editorial and Slavat Editores in applying the national law.
The national judge considered that the first instance court from Bucharest correctly stated that the claimant can not be forced to travel 500 km to a court of justice to solve his case.
Elements of judicial dialogue
- CJEU C-137/08, VB Penzugyi Lizing Zrt. vs. Ferenc Schneider
- CJEU C-240/98, Océano
The Court made reference to CJEU case law to settle the dispute.