FINANCIAL LEASE AGREEMENT BETWEEN TWO COMPANIES. DECLARATORY ACTION OF THE ABUSIVE CHARACTER OF THE CONTRACTUAL CLAUSES. THE LACK OF ACTIVE PROCEDURAL CAPACITY TO STAND TRIAL.

A commercial company may not be classified in the “consumer” category, within the meaning of Law no. 193/2000 and of Directive 93/13/EEC in order to qualify for the protection of these laws, thus, the solution of the Bucharest Court, Civil Section VI, to approve the exception of the lack of active procedural capacity of the legal person in formulating a declaratory action against a contractual clause from a financial leasing contract is correct.