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Legal Literature

Legal Literature Details
Member State Poland
Title Implementation of Directive 93/13/EEC in the light of recent Court of Justice case law (part I)
Type article
Reference Przegląd Prawa Handlowego, 2015, no 4. pages 4-10.
Publication Year 2015
Keywords case law, court, unfair terms

Unfair Contract Terms Directive, Article 6, 1. Unfair Contract Terms Directive, Article 7 Unfair Contract Terms Directive, Article 7, 1.

The article provides a comprehensive review of case law concerning the implementation of Directive 93/13/EEC on unfair terms in consumer contracts. The author focuses on the judgments passed by the European Union Court of Justice.

It is pointed out that the effective prevention of the use of unfair terms in consumer contracts is not only in the economic interests of consumers. The author emphasizes that it is also in the public interest because is serves to remove irregularities in civil law transactions that disrupt the market. The author also draws attention to the fact that some limitations in the application of Directive 93/13/EEC and minimum harmonization provided by this legal act may raise certain doubts concerning the full implementation of its objectives.

The article describes the most important issues resulting from the application of Directive 93/13/EEC and interpretations provided by the European Union Court of Justice. The author provides an in-depth analysis of particular judgments concerning the interpretation of Article 7 of Directive 93/13/EEC and Article 47 of the Charter of Fundamental Rights of the European Union as well as issues related to the rules of equivalence and effectiveness. He also makes some interesting remarks on the provisions of the Code of Civil Proceedings in the light of the objectives of Directive 93/13/EEC and on access to remedies against judicial adjudications.

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