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Dentons successful in Volksbank Romania SA representation

Date: 10/28/2013
Source: Dentons
Dentons law firm represented Volksbank Romania SA in a trial which focused, among others, on the alleged abusive nature of the risk commission within certain credit agreements.

By the decision rendered in this trial, Bucharest Court of Appeal admitted Volksbank’s appeal and rejected the claimants’ action in connection with most of the clauses which had been challenged by the latter as abusive. Among such clauses, the request to acknowledge the abusive nature of the ones related to the risk commission was also rejected.
The solution of the Bucharest Court of Appeal represents an extremely important victory for the bank, especially since several courts deemed abusive clauses such as the risk commission.

In this litigation, the bank presented, through its lawyers, arguments such as: the risk commission is part of the contract’s price, which cannot be censored or altered; as well as the fact that protection against abusive clauses does not mean that banks have the obligation to explain the way they determine their profit margin for a certain bank product.

Tiberiu Csaki, Partner and head of the litigation department of Dentons Bucharest stated: „The court judgment in favor of the bank in the trial related to the risk commission represents a special success, due mainly to the fact that we managed to present new complex arguments, in such manner and approach which lead to the assessment of the challenged contractual terms from a new perspective.”

Dentons’ team of lawyers was coordinated by Bogdan Papandopol, Local Partner.

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For further details, please contact:
Iulia Enescu
Public Affairs Coordinator
Dentons Bucharest
+40 21 312 4950
+40 745 393 600
iulia.enescu@dentons.com






About Dentons

Dentons is a global firm driven to provide a competitive edge in an increasingly complex and interconnected marketplace. It was formed in March 2013 by the combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton. Dentons is built on the solid foundations of these three highly valued law firms. Each built an outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.
Dentons' clients now benefit from approximately 2,600 lawyers and professionals in more than 75 locations spanning 50-plus countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenge the status quo and offer creative, dynamic business and legal solutions.
Salans FMC SNR Denton Europe LLP, also known as Dentons Europe, operates from 18 offices in 15 countries.

Dentons successful in Volksbank Romania SA representation

Bucharest, 28 October 2013. Dentons law firm represented Volksbank Romania SA in a trial which focused, among others, on the alleged abusive nature of the risk commission within certain credit agreements.
By the decision rendered in this trial, Bucharest Court of Appeal admitted Volksbank’s appeal and rejected the claimants’ action in connection with most of the clauses which had been challenged by the latter as abusive. Among such clauses, the request to acknowledge the abusive nature of the ones related to the risk commission was also rejected.
The solution of the Bucharest Court of Appeal represents an extremely important victory for the bank, especially since several courts deemed abusive clauses such as the risk commission.
In this litigation, the bank presented, through its lawyers, arguments such as: the risk commission is part of the contract’s price, which cannot be censored or altered; as well as the fact that protection against abusive clauses does not mean that banks have the obligation to explain the way they determine their profit margin for a certain bank product.
Tiberiu Csaki, Partner and head of the litigation department of Dentons Bucharest stated: „The court judgment in favor of the bank in the trial related to the risk commission represents a special success, due mainly to the fact that we managed to present new complex arguments, in such manner and approach which lead to the assessment of the challenged contractual terms from a new perspective.”
Dentons’ team of lawyers was coordinated by Bogdan Papandopol, Local Partner.

xxxxxxx


For further details, please contact:
Iulia Enescu
Public Affairs Coordinator
Dentons Bucharest
+40 21 312 4950
+40 745 393 600
iulia.enescu@dentons.com






About Dentons

Dentons is a global firm driven to provide a competitive edge in an increasingly complex and interconnected marketplace. It was formed in March 2013 by the combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton. Dentons is built on the solid foundations of these three highly valued law firms. Each built an outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.
Dentons' clients now benefit from approximately 2,600 lawyers and professionals in more than 75 locations spanning 50-plus countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenge the status quo and offer creative, dynamic business and legal solutions.
Salans FMC SNR Denton Europe LLP, also known as Dentons Europe, operates from 18 offices in 15 countries.

 
 

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