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 II)
    • Subtitle:
    • Type: article
    • URL:
    • Author: STEFANICKI, R.
    • Reference: PrzeglÄ…d Prawa Handlowego, 2015, no 6. pages 5-12.
    • Publication Year: 2015
    • Keywords: case law, consumer rights organisation, court, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, Article 6 Unfair Contract Terms Directive, Article 6, 1. Unfair Contract Terms Directive, Article 7 Unfair Contract Terms Directive, Article 7, 1. Unfair Contract Terms Directive, Article 8 Unfair Contract Terms Directive, Article 8a, 1.
  • Headnote
    This article constitutes the second part of the article Implementation of Directive 93/13/EEC in the light of recent Court of Justice case law.

    The author focuses on the judgments passed by the European Union Court of Justice concerning the implementation of Directive 93/13/EEC on unfair terms in consumer contracts. He continues to emphasize that the effective prevention of the use of unfair terms in consumer contracts is not only in the economic interests of consumers but also serves to remove irregularities in civil law transactions that disrupt the market.

    In this part of the article, the author discusses access to the court and matters related to the representation of consumers. He also highlights the limits of the procedural autonomy of EU member states in the scope of consumer protection. The article also addresses the role of the Charter of Fundamental Rights of the European Union and national and EU procedural standards of protection.

    The author emphasizes that the objective of Directive 93/13/EEC is the harmonization of national regulations concerning unfair terms in consumer contracts. He draws attention to the fact that minimum harmonization may result in different levels of consumer protection in different EU member states. The author also provides his conclusions and remarks on the cohesion of consumer regulations in EU member states.
  • General Note
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