Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2, (a) Price Indication Directive, Article 2, (e) Unfair Contract Terms Directive, Article 2, (b) Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 3. Unfair Contract Terms Directive, Article 4, 2. Unfair Contract Terms Directive, Article 6, 1. Unfair Contract Terms Directive, Article 7, 1. Unfair Contract Terms Directive, Article 7, 2. Unfair Contract Terms Directive, Article 8 Unfair Contract Terms Directive, ANNEX I, 1., (q)

This article focuses on consumer protection when concluding consumer contracts, where the consumer is less informed about his rights and is thus in a weaker position.

The article also analyses the principle of equality with respect to consumer contracts as well as the definition of a consumer and consumer contracts in the context of EU law.

The author further inspects unfair terms in consumer contracts from the EU law perspective (Directive 93/13/EEC) as well as its implementation into Section 53 of Act No. 40/1964 Coll. Civil Code, as amended.

The article also contains references to the case law of the Court of Justice of the European Union (decision C-484/08 Caja de Ahorros y Monte de Piedad de Madrid, decision C-137/08 VB Pénzügyi Lízing v. Ferenc Schneider, decision C-76/10 Pohotovosť s.r.o. c. Iveta Krčovská, C-415/11 Mohamed Aziz c. Caixa d'Estalvis de Catalunya, Tarragona, etc). It also analyses the arbitration clause as an unfair contractual term in consumer contracts.

This article further refers to the definitions of unfair contract terms, consumer and consumer contract as stated in the Directive 93/13/EEC (Preamble, Annex and Articles 2-4 and Articles 6-8 of the Directive 93/13/EEC are implemented in Act No. 40/1964 Coll. Civil Code and Act No. 250/2007 Coll. on consumer protection, as amended).