Legal Literature

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 5

Starting from an analysis of some aspects of the implementation of the Directive on Unfair Contract Terms in various Member States, this paper highlights how inhomogeneous the protection against unfair contract terms introduced in the various Member States is. This divergence is due to various factors, such as defects in the Directive’s implementation; diverging interpretations of domestic rules faithfully implementing the Directive’s provisions, due to these provisions being equivocal; and unexpected “innovative” developments within the legal systems of Member States due to the Directive’s implementing legislation. In the context of the discussion of the latter factor, this paper specifically focuses on the so-called “nullity of protection”-doctrine known in Italian law