Legal Literature

Unfair Contract Terms Directive, link

The author examines certain dilemmas that national courts face in practice regarding the application of the Directive on unfair terms in consumer contracts. The author focuses especially on the opinion of the European Court of Justice (ECJ) that national courts should, when assessing the validity of consumer contracts, ex officio review possible unfairness of all the other contractual terms of individual consumer contract, and not only those which are directly the subject of dispute between the parties.