Legal Literature

  • Legal Literature Details
    • Member State: France
    • Title: Judicial action aiming at removing unfair terms does not require effective use
    • Subtitle: Court of Justice of the European Union January 24, 2002
    • Type: article
    • URL:
    • Author: CHEVRIER, E.
    • Reference: D. 2002. 1065
    • Publication Year: 2002
    • Keywords: judicial recourse, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, Article 7, 2.
  • Headnote
    This article provides comments on the decision of the Court of Justice of the European Union dated of January 24, 2002.
    It is not necessary to wait until the terms which were for a general use are actually used in individual contracts to allow judicial proceedings to be imitated. As key players in the fight against unfair terms, consumer associations may, proprio motu, bring an to take action aiming at the removal of unfair clauses, even in the absence of any individualized damage suffered by a consumer or of a consumer claim.
  • General Note
  • Related Cases

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