Νομική βιβλιογραφία

Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4 Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 6, 1.

The writer goes over the recent CJEU’s case law regarding the structural imbalance between consumers and professionals. Among several pivotal judgements which decide on the matter, prescribing the limits of the relationship under discussion, he first comments on decision C-154/15 (Gutiérrez Naranjo), where the Court reached a conclusion regarding “floor clauses” in mortgage loan agreements. Elaborating on the Court’s reasoning, he emphasizes on the characterization of Article 6(1) of Directive as a rule of public policy which bolsters the substantive transparency of the contract, for the benefit of the consumer. As for the assumption of the factual asymmetry between professionals and consumers, he reports that the gap shall be filled by the provision of a reasonable amount of information to the consumer (C-310/15, C-562/15) and the restoration of the material equality of the parties (C-307/15, C-308/15). The writer also stresses the fact that, through the Court’s jurisprudence, many procedural guarantees have been established for the consumers’ protection, such as the judicial revision of the content of unfair terms (C-421/14), facilitation of access to justice (C-75/16) and the limitation period for actions granted to consumers (C-133/16).