Pravna literatura

Unfair Contract Terms Directive, link

The author analyses the case law of the Supreme Court in order to establish whether the case law is uniform, and if not, whether it is in accordance with the law of the European Union. It is also emphasised that the Supreme Court must ensure full effect of Directive 93/13/EEC. The analysis shows that the Slovenian case law regarding the obligation to inform of banks is not uniform/harmonised. Furthermore, the author states that the Supreme Court has (in some cases) directly interfered with the competence of the European Union. In addition, and what is particularly worrying for legal certainty, the Supreme Court did not provide a substantive explanation regarding the extent to which consumers must be informed.