2015 04 MAY
Press release The Bucharest Tribunal ruled that BCR’s loan agreements contain no abusive clauses, as notified to the court by NACP

The Bucharest Tribunal ruled that BCR’s loan agreements contain no abusive clauses, as notified to the court by NACP

  • The action filed by the National Agency for Consumers’ Protection further to the notification of several clients was ruled as ungrounded
  • The clients who filed the initial notification individually concluded settlement agreements with the bank

The Bucharest Tribunal ruled on 30.04.2015, in the case filed by the National Agency for Consumers’ Protection, establishing that there were no abusive clauses in the loan agreements concluded by BCR’s clients.

The ruling of the Bucharest Tribunal confirmed the assessment and the judgment found in another recent court ruling (December 2014) of the Bucharest Court of Appeal and in other 6 decisions of the High Court of Cassation and Justice, who decided, consistently and systematically, that the contractual clauses related to variable interest and commissions were correct.

BCR observes the law, the regulatory framework and the role of the consumers’ protection authorities, but will firmly counteract all claims it deems invalid.  

BCR notes once more that the instability and unclear nature of the legal framework may paralyze the business funding activities and that, relevantly, most cases that were sent to the High Court of Cassation and Justice, which relate to variable interest, were irrevocably settled in favor of BCR based on the following reasons:

  • It is incorrect to establish an identity between "variable reference interest" and EURIBOR;
  • No court of law is allowed to disregard the contractual terms agreed upon by the parties, wrongly interpreting or misinterpreting the contractual agreement of the parties;
  • All clauses in the agreements subject to review are clear and express the true will of the parties, who agreed on the calculation of variable interest.

Historically, the absolute majority of the files involving collective actions filed against BCR were rejected as ungrounded both in the first instance and in the second instance before the Bucharest Court of Appeal, based on the following reasons:

  • the clients had the possibility to reflect on the lending conditions and costs;
  • the clients had the possibility to negotiate the level of the interest and the type of interest;
  • the management and risk commissions are included in the total loan cost, that the consumer contracted on its own.

BCR treats its clients fairly, and most of them are satisfied with the products it offered over the years. If there are dissatisfactions or potential disputes, the bank’s attitude has always been to collaborate and conclude amicable settlements, being disappointed to find that the conflict is permanently magnified and that there is no wish to find mutually beneficial solutions on the part of the attorneys of the groups of clients, who are most likely primarily interested in obtaining financial benefits from intermediating the disputes between consumers and banks.

Banca Comercială Română (BCR), a member of Erste Group, is the most important financial group in Romania, providing universal banking operations (retail, corporate & investment banking, treasury and capital markets), and covering specialty companies working on the leasing market, as well as in the private pension and housing loans business. BCR is Romania’s No. 1 bank in terms of asset value (14,4 €bn.), in terms of client base and in terms of savings and crediting. BCR is also Romania’s most important financial brand, judging by the client trust rate and by the number of persons who consider that BCR is their main banking partner.

BCR uses a network of 22 corporate business centres and 23 mobile offices devoted to corporate clients, and 538 retails units located in most communities inhabited by at least 10,000 citizens to provide a full range of financial products and services. BCR is Romania’s No. 1 bank running on the banking transactions market, since BCR customers have the largest ATM network at their disposal – nearly 2,000 ATMs and 13,500 POS terminals enabling customers to use their cards for shopping purposes, as well as the complete Internet banking, mobile banking, phone-banking and e-commerce services.

Erste Group is one of the main suppliers of financial services in Eastern European Union. About 45,000 bank officers working in 2,800 branches in seven countries (Austria, the Czech Republic, Slovakia, Romania, Hungary, Croatia, and Serbia) assist 16.2 mn. customers. Erste Group reported a total asset pool worth €196,3 bn. and a 55.1% cost-to-income ratio at the end of 2014. The first-ranking common equity index (Basel 3 implemented fully) was 10.6%.

BCR – External Communication 

comunicare@bcr.ro

For more details about the products and services provided by BCR, please use one of the coordinates below to contact us:

InfoBCR 

Web: www.bcr.ro

Email: contact.center@bcr.ro

Telverde: 0800.801.BCR (0800.801.227), toll-free from all national networks.

Twitter: @infoBCR

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