Case Brief

                                           Consumer law


I would like to present one of the typical case of consumer law in Czech republic. It´s brief of
the case CC Invest Ltd. as a legal person as a plaintiff vs Alena Snášelová as a defendant of
payment 36.318, 32 Kč with accessories.

Defendant took a loan or credit from the plaintiff, but the payments was too high to cover. The
terms and condition implied in contract was as usually typed in the end of a contract in little
almost unreadable font. On the other hand, plaintiff had the right, legal title and the claim.

Based on the breach of a contract the plaintiff brought an action and he required a whole uncovered
payments 36.318,32 Kč with interest rate as high as it was close to usury, also required
expenditures of proceeding. However, defendant has no reasonable excuse and she counted on strong
standing of consumer in our legal system, what is about protection of consumers in our civil code,
otherwise it is absolutely up to court how to judge.

The proceedural history of this case contains district court which tried a case as a court of the
first instance, which decided in favour of the defendant and a Court of appeal. Court of appeal
made a decision in a favour of the plaintiff, bacause of the reason that the defendant didn´t come
to proceeding without reasonable excuse. Moreover the evidence of plaintiff seemed too convincig to
decide in other way, what was the part of the reasoning of the court. Especially the contract is
absolutely valid and therewithal Court of appeal found it in harmony with good manners.

In the end the defendant is bound with the terms and conditions and it is her obligation to read
the contract altogether, which means that she is bound to perform her obligations caused by the
contract.


Klára Nekorancová

363633