THE CONSTITUTIONAL COURT HAS DECIDED: "The rulings in the ANPC versus the banks lawsuits apply to all similar contracts"

The rulings issued by the courts in the lawsuits filed by the National Consumer Protection Authority (ANPC) against banks apply to all similar loan contracts, the Constitutional Court of Romania ruled yesterday (CCR), which has rendered a ruling on the unconstitutionality exception raised concerning art. 12 and 13 of the Law no. 193/2000 concerning abusive clauses in contracts concluded between traders and consumers, as announced by the Parakletos Association in a press release.

He explained that the exception was invoked by four banks in the lawsuits they are involved in with the ANPC concerning the existence of abusive clauses in the contracts they concluded with consumers. "The CCR has rejected the exception, meaning that a ruling in favor of the ANPC has erga omnes effects, in other words it applies to all contracts of that nature", according to Parakletos.

So far, the ANPC has won several such lawsuits in the first circuit, with the banks, the one against OTP has also been won in the last circuit.

In October 2013, the provisions of articles 12 and 13 of the Law no. 193/2000 concerning abusive clauses in contracts concluded between professionals and consumers, with the modifications that were made to them by the Law no. 76/2012 for the implementation of the Law no. 134/2010 concerning the Civil Procedure Code.

Article 12 stipulates: "If the use of adhesion contracts which include abusive clauses are found, the control entities stipulated in Art. 8 (ed. note: the authorized agents of the National Consumer Protection Agency and authorized specialists of other entities of the public administration, depending on their competences) will notify the court from the domicile, or the headquarters of the professional, and demanding that the professional be required to amend the ongoing contracts, by removing the abusive clauses they may contain. (...) The consumer protection associations (...) can sue professionals that use adhesion contracts that contain abusive clauses, with the courts stipulated in paragraph (1), and ask the latter to decide the cessation of their use, by eliminating the abusive clauses".

Article 13 states: "The court, if it finds the existence of abusive terms in the contract, requires the professionals to change all ongoing adhesion contracts, as well as to eliminate all abusive clauses from boilerplate contracts, meant to be used as part of the professional activity".

There are several ongoing "class action" lawsuits filed by the ANPC, especially against banks.

The Parakletos Association has intervened in seven of the ANPC cases against the banks, as a third party.

The leaders of Parakletos state that, through the ruling in the ANPC/OTP Bank case, lays the groundwork for the straightening of all the contracts between professionals and consumers, when they contain abusive clauses, without the consumers in question having to resort to individual lawsuits.