{"id":5229,"date":"2025-09-27T12:58:30","date_gmt":"2025-09-27T09:58:30","guid":{"rendered":"https:\/\/brisc.ro\/?p=5229"},"modified":"2025-09-27T12:58:32","modified_gmt":"2025-09-27T09:58:32","slug":"cluj-court-declares-unicredit-tiriac-loan-clauses-abusive-orders-refunds","status":"publish","type":"post","link":"https:\/\/brisc.ro\/en\/cluj-court-declares-unicredit-tiriac-loan-clauses-abusive-orders-refunds\/","title":{"rendered":"Cluj Attorney \u2014 Abusive Clauses in Bank Loans"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\" id=\"h-cluj-attorney-abusive-clauses-unicredit-\u021biriac-bank-sa-finding-the-abusive-nature-of-the-loan-origination-fee-administration-fee-and-early-repayment-commission\">Cluj Attorney \u2013 Abusive Clauses Unicredit \u021airiac Bank SA: finding the abusive nature of the loan origination fee, administration fee, and early repayment commission<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\" id=\"h-case-study-abusive-clauses-objectives-achieved\">Case Study: Abusive Clauses, Objectives Achieved<\/h3>\n\n\n\n<p>The court found that in a personal needs credit contract concluded in <strong>2006<\/strong> with Unicredit \u021airiac Bank SA, the clauses regulating:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>the <strong>loan origination fee<\/strong><\/li>\n\n\n\n<li>the <strong>loan administration fee<\/strong><\/li>\n\n\n\n<li>the <strong>early repayment commission<\/strong><\/li>\n<\/ul>\n\n\n\n<p>were abusive. Accordingly, the court ordered the bank to reimburse to the borrower:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>1,200 lei<\/strong> charged as the origination\/processing fee<\/li>\n\n\n\n<li><strong>550 lei<\/strong> as the early repayment commission<\/li>\n\n\n\n<li>All sums collected as administration fees of <strong>0.53% of the outstanding balance<\/strong>, to be calculated extra-judicially<\/li>\n\n\n\n<li>In addition, the bank was ordered to pay the legal penal interest on each reimbursed sum from the moment they were collected until payment.<\/li>\n<\/ul>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-factual-background\">Factual Background<\/h2>\n\n\n\n<p>In 2006, the client entered into a personal-needs loan contract with Unicredit \u021airiac Bank SA (formerly HVB Tiriac) in the amount of <strong>30,000 lei<\/strong>, over <strong>120 months<\/strong>. The loan was repaid early on <strong>28 November 2007<\/strong>.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"h-legal-reasoning-amp-court-s-decision\">Legal Reasoning &amp; Court\u2019s Decision<\/h2>\n\n\n\n<p>The court accepted the arguments advanced (by the Brisc Legal team \u2014 Cluj attorneys for bank litigation) and held the following:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The <strong>origination fee<\/strong> of <strong>4% of the loan amount<\/strong>, but not less than \u20ac150, was abusive. The court considered that this fee represented an artificial gain to the bank, without real counterperformance. Also, the fact it was defined as a percentage rather than a flat amount is unjustified, because the cost of processing should remain the same regardless of the loan size.<\/li>\n\n\n\n<li>The <strong>administration fee<\/strong> of <strong>0.53% of the monthly outstanding balance<\/strong> was also abusive. The court found that monitoring and managing the loan is a service that benefits the bank, not the borrower, and that the interest paid by the borrower should already cover such costs. Therefore, this clause created a significant imbalance and was contrary to good faith.<\/li>\n\n\n\n<li>The <strong>early repayment commission<\/strong> of <strong>2% of the repaid amount<\/strong>, but not less than \u20ac150, was abusive. The court held this cannot be used to cover a hypothetical gain the bank would lose from early repayment.<\/li>\n<\/ul>\n\n\n\n<p>Because those clauses were found to be <strong>void ab initio<\/strong>, the sums collected under them were considered <strong>undue payments<\/strong>, and the bank was ordered to reimburse them to the claimant.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Cluj Attorney \u2013 Abusive Clauses Unicredit \u021airiac Bank SA: finding the abusive nature of the loan origination fee, administration fee, and early repayment commission Case Study: Abusive Clauses, Objectives Achieved The court found that in a personal needs credit contract concluded in 2006 with Unicredit \u021airiac Bank SA, the clauses regulating: were abusive. Accordingly, the &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Cluj Attorney \u2014 Abusive Clauses in Bank Loans\" class=\"read-more button\" href=\"https:\/\/brisc.ro\/en\/cluj-court-declares-unicredit-tiriac-loan-clauses-abusive-orders-refunds\/#more-5229\" aria-label=\"Read more about Cluj Attorney \u2014 Abusive Clauses in Bank Loans\">Vezi articol<\/a><\/p>\n","protected":false},"author":2,"featured_media":1416,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5229","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","masonry-post","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-50"],"_links":{"self":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts\/5229","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/comments?post=5229"}],"version-history":[{"count":1,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts\/5229\/revisions"}],"predecessor-version":[{"id":5230,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts\/5229\/revisions\/5230"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/media\/1416"}],"wp:attachment":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/media?parent=5229"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/categories?post=5229"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/tags?post=5229"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}