Kusionova v SMART capital a.s.

Standard

this is about consumer protection

Unfair Terms in Consumer Contracts  Directive – EU law

this is about inequality if bargaining power and unequal information

2014. Miss Kusionovoa signed a consumer contract. she took out a 10 000 EUro loan. the bank was able to seize her house when she failed to repay and a court did not have t reviww this. she said this was against the U T C C D

the ECJ said it was up to a national court to deciee whether a court must review a deicison to sequester property or not. an action to recover a debt is not banned

so long as a national court does not make it unduly onerous for a consuemr to be protected from unfair terms then a nationa state can do as it wishes

 

 

 

 

Advertisements

About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s