Abusive clauses can be challenged, but they are not automatically annulled

A consumer can request the verification of the clauses in a contract concluded with a professional, including when forced execution began. However, the mere fact that a clause concerns interest, commission or penalties does not automatically make it abusive and does not stop enforcement. The analysis depends on the contract, the way the clause was formulated and applied, and its effect on the consumer.

When can a clause be abusive?

According to Law no. 193/2000, an unnegotiable clause directly can be abusive if, by itself or together with other provisions, it creates, to the detriment of the consumer and contrary to good faith, a significant imbalance between the rights and obligations of the parties. The contract as a whole, the circumstances of its conclusion, and the requirements of transparency are analyzed. Clauses regarding the main subject matter or price have specific legal treatment, including the requirement of expressing in easily understandable language.

If the court finds the clause abusive, the clause has no effect on the consumer. The rest of the contract continues if it can exist without the clause. The effect on the balance or execution depends on the clause, the creditor’s calculations, and the court’s decision.

Contestation of execution and the legal deadline

The Code of Civil Procedure provides, as a rule, a period of 15 days for an objection against enforcement or an enforcement act. The moment from which the period begins varies depending on whether the objection is made and the communications received: the date of the notice of the act, the notification of the enforcement of the lien or the receipt of the summons or the approval order may be relevant. Check the documents in the executor’s file and the actual situation; it does not assume that the period always begins with the receipt of the same notification.

In the appeal, the law allows the invocation of substantive defenses regarding the title that is not a judicial decision, under Article 713(2). In contracts with consumers, abusive clauses may be relevant. In the cases C-725/19, Impuls Leasing România, and C-200/21, BRD Groupe Société Générale, the EU Court of Justice actually examined the effectiveness of consumer protection when enforcement can continue and a separate action and its suspension are subject to procedural conditions. The application of these decisions depends on the circumstances of the case and does not automatically remove any procedural time limit.

Suspension of enforcement

The appeal does not automatically suspend enforcement. Suspension must be requested from the court and is granted only if the legal conditions are met. Article 719 of the Civil Procedure Code provides, as a rule, for reasonable grounds and the payment of a bond, with the exceptions provided by law. The EU Court has indicated that the methods of suspension must not make the exercise of the consumer’s rights impossible or excessively difficult; the assessment depends on the amount and the actual effect of the bond and on the procedural options available.

Documents to prepare

  • the contract and the additional documents, the general conditions and the due date;
  • the creditor's notices, the summons, the approval order and the enforcement documents;
  • bank statements, payment history and detailed calculation of the debit;
  • Correspondence with the professional and documents showing how the challenged clause was applied.

Compare the contractual text with the amounts requested and explain why the clause could create a significant imbalance. Separate out the requests for execution documents, the analysis of the clause, and, if there are grounds, the suspension. Legal action does not guarantee the cancellation of the clause, the reduction of the debt, or the suspension of enforcement; the court decides based on evidence and the law.

Legislative sources and jurisprudence

For other related information, please consult category Banking & Financial. The information is general; the deadlines and remedies must be verified based on the documents in each case.