REGULAMENTUL (CE) NR. 1896/2006 PRIVIND INSTITUIREA UNEI PROCEDURI EUROPENE DE SOMAŢIE DE PLATĂ, LA CONFLUENŢA DINTRE PREZERVAREA INTERESELOR CREDITORILOR ŞI PROTEJAREA CONSUMATORILOR (CAUZA BONDORA)
THE REGULATION (EC) NO. 1896/2006 ON THE ESTABLISHMENT OF A EUROPEAN ORDER FOR PAYMENT PROCEDURE AT THE CONFLUENCE OF THE PRESERVATION OF THE INTERESTS OF CREDITORS AND THE PROTECTION OF CONSUMERS (BONDORA CASE)
Author(s): Mihaela Adriana OprescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the European order for payment procedure; uncontested claims; the consumer; Directive 93/13; unfair terms in consumer contracts;
Summary/Abstract: The European order for payment procedure, as described by Regulation (EC) no. 1896/2006, aims, in essence, to ensure the rapid and efficient recovery of uncontested claims, in cross-border cases, with low costs of litigation for the creditor, without administering any probation, in order to avoid that this judicial procedure turns into a usual domestic one. The judgment under review in this study is illustrative of the difficulties inherent in implementing a uniform judicial procedure established in a regulation on the territory of the Member States, in the context where the national legislator, in the process of adjusting the internal legal framework, adopts subsequent legal measures for the implementation of the regulation, but beyond its letter. From this perspective, our attention will be focused on the right of national courts to request additional information from the creditor on the contract which is the basis of the claims to be supported by way of the European order for payment, in order to exercise, ex officio, control over possible unfairness of the terms of the contractual provisions.
Journal: Universul Juridic
- Issue Year: 2020
- Issue No: 09
- Page Range: 69-78
- Page Count: 10
- Language: Romanian