On January 31, 2022, the TAB LAW team obtained in court, by final sentence, the annulment of the termination clause that the sponsor Survivor Romania inserted in the client’s telephone contract.
The arguments for which the clause was annulled are the following: “The court holds that the provisions of this clause violate the requirements of a clause in accordance with the legal provisions and the principle of good faith. On the one hand, the applicant could not influence its content, since that agreement was a standard contract, which contained clauses pre-determined unilaterally by the defendant.
It also creates a serious imbalance between the parties’ situations, to the detriment of the applicant, as it establishes a unilateral liability, forcing him only to pay penalties in case of termination, but not the service provider.
The analysis of the contract concluded between the parties shows that no equivalent compensation was established for creditors in case of non-performance of the contract, so the court notes that the regulation of a real termination fee in the contract concluded between the parties is an abusive clause, especially because for the professional there is no such clause. “
Vodafone did not agree to even voluntarily enforce the costs to which it was ordered by the sentence, which is why the forced execution of the telephone company was necessary.