Court allows parking fine for 'train driving' fraud under Directive 93/13/EEG as not unfair.
Legislator summary
AI generatedThe court ruled in favor of Q-Park Beheer B.V., ordering the defendant to pay a parking fine of €1,560 plus interest and costs. Q-Park argued that the penalty was necessary to deter 'train driving' fraud, which endangers other road users and disrupts parking systems, while the defendant claimed he had not committed the offense. The judge determined the penalty was not unreasonably burdensome under Directive 93/13/EEG because it effectively prevents fraud and is proportionate to the costs of maintaining the facility.
Legislator headnote
AI generatedDirective 93/13/EEG; Article 6:119 BW: A contractual penalty for 'train driving' in a functioning parking garage is not considered unfair if it is necessary to prevent fraud, is proportionate to the investment costs, and serves a legitimate public interest in traffic safety.