Clauză penală excesivă. Reducere

Excessive penalty clause. Reduction

Abstract

The Court holds that, although the penalty clause constitutes an advance assessment of the loss, and it is undisputed in the present case that the creditor has suffered a loss until actual payment of the debt, a penalty of EUR 50 per day of delay for each tax invoice issued (regardless of its value) is manifestly excessive, both in relation to the damage which could have been foreseen by the parties at the time of the conclusion of the contract as a result of the non-performance in time of the obligation to pay the consideration for the goods delivered and in relation to the actual damage suffered by the creditor as a result of the defendant's failure to pay the total outstanding amount of 2,026.35 lei (approximately 405 euros).

Thus, as to the provisions of Art. (1) letter b) of the Civil Code and in view of the fact that it is certain that, until the debt is actually paid, the creditor is liable for a loss, the...