Legal Literature

Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, ANNEX I

This article focuses on the practical context of the application of contractual terms. It also points out the necessity of being familiar with EU law in the area of consumer contracts, in particular the transposition of Directive 93/13/EEC (e.g. Annex to the Directive is implemented into Act No. 40/1964 Coll. Civil Code, as amended).

The article discusses how to ensure the contractual freedom of the parties to a consumer contract, the regulation of consumer contracts in the Slovak legal system, the necessity of regulating model consumer contracts, the conditions for unfair contractual terms as well as the application of the provisions governing consumer contracts by the national courts.

The author supports his argumentation with relevant case law of the Court of Justice of the European Union, such as Cases C-302/04, C-106/89, C-240/98, etc.