Legislator Case Law & Legislation
ECLI:NL:RBAMS:2016:1034 ECLI:NL:RBAMS:2016:1034 AI generated

Court allows parking fine for 'train driving' fraud under Directive 93/13/EEG as not unfair.

Case Number ECLI:NL:RBAMS:2016:1034
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Directive 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.

Keywords

AI generated
unfair contract terms parking garage fraud train driving penalty Directive 93/13/EEG proportionality test consumer protection preventive measures

Cited Legislation

AI generated
Directive 93/13/EEG of the Council of 5 April 1993
Article 6:119 of the Civil Code (BW)
artikel 6:96 BW
AI generated

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