Rechtsleer

Unfair Contract Terms Directive, link

This article deals with the consequences of stipulating unfair contract terms, namely the nullity or the interpretation most favourable to the consumer. In this contribution, the author asks the question whether it would be beneficial to work towards a uniform EU sanction (‘erasure’) for unfair terms. Secondly, the author discusses the European Court of Justice's trend to give the transparency requirement stipulated in the Directive a very broad interpretation.