Legal Literature

Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 2, (b) Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 4, 1. Unfair Contract Terms Directive, Article 4, 2. Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 6, 1. Unfair Contract Terms Directive, Article 7, 3.

The article analyses unfair terms in consumer contracts in the light of the respective case law of the Court of Justice of the European Union and of the national courts of the Member States.

The article contains a detailed analysis of the relevant case law of the Court of Justice of the European Union with respect to the application of the provisions of the Directive 93/13/EEC.

The author describes several decisions such as Case-240/98, Case 244-98, Case C-473/00, C-168/05, C-302/04, C-237/02, C-144/99, C-70/03, C-478-99 with respect to the obligation of the court to inspect unfair contractual terms, the position of the court as the supervising body and the conditions for the transposition of the Directive 93/13/EEC.

The article further discusses the topic of legal entity in the position of the consumer with reference to the CJEU decisions C-541/99, C-542/99.

The final section of the article discusses the relevant case law of the national courts of the Member States.