Point of law: whether the proven fact of unauthorised third party access to Internet by means of customer’s login and password, which were obtained unlawfully, may justify the customer’s refusal to pay for Internet services?

Alternative attitudes: 1) it may not, as long as under the contract with Internet provider the customer must himself take all necessary measures to prevent an unauthorized access and bear responsibility in case of login and password being stolen; or 2) it may, because relevant regulations place the obligation to prevent such unauthorised access on both customer and provider; besides, payment for services is not a liability for breaching an obligation, but is itself an obligation, corresponding to the obligation of the other party to render services.

Ratio decidendi: the second approach is legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.