Legal Literature

Unfair Contract Terms Directive, link

The article deals with the incorrect implementation of Article 6 (1) of Directive 93/13 / EEC. Incorrect transposition of the Directive is viewed in the light of a judgment of the Constitutional Court. The author examines whether the principle of supremacy that is recognized within the meaning of a resolution by the Simmenthal judgment applies equally to the Directive, as was implied by the Constitutional Court. Incorrect transposition of the Directive is also discussed in connection with compensation and who is obliged to compensate.