(1) In order to assess the abusiveness of a pre-formulated term (General Term of Transaction) first it must be examined, whether this term is included in the non-exhaustive list of the “per se” abusive clauses included in the law (article 2 par. 7 of the law 2251/1994) and then -if this is not the case- whether this term is abusive because it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. The imbalance of the rights must be substantial; it must deviate, without any sufficient and reasonable cause, from the consistent and justified expectations of the average consumer.
(2) The abusiveness of a contractual term shall be assessed taking into account not only the need to protect the most vulnerable party (the consumers) but also the nature of the goods or services for which the contract was concluded, its purpose and by referring, at the time of conclusion of the contract, all the circumstances attending the conclusion of the contract and all the other terms of the contract or of another contract on which it is dependent (in compliance with art.4 par.1, Directive 1993/13/EEC).
(3) In case of written contracts the terms must always be drafted in plain, intelligible language (93/13/EEC art.5); the consumer must be able to identify in advance the critical elements of a contract, such as its length. Assessment of the abusive nature of the terms shall not relate to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplies in exchange, on the other, in so far as these terms are in plain intelligible language (in compliance with art.4, par. 2, 1993/13/EEC).