Legal Literature

Unfair Commercial Practices Directive, Chapter 4, Article 11

This article discusses, in its last part, the legal enforcement of a court decision over a class action.

It mainly focuses on the fact that the legal consequences of a judgment shall apply to all persons (erga omnes), even if they are not parties to the action.

One of the most interesting findings of this article is that this erga omnes application of the court decision applies only in cases where, for example, the court ruled in favor of the abusive nature of a clause. Conversely, it does not apply in a case where, for example, the court has dismissed the claim that a contract term is abusive, due to reasons that are based on provisions of the Greek Constitution.