Rechtsleer

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 3. Injunctions Directive, link

The author analyses the discrepancies between the opinion of the advocate-general and the European Court of Justice for the use of Rome I and Rome II in the view of collective injunctions and the use of unreasonably onerous provisions in consumer contracts. The author focusses the discussion around the decision of the European Court of Justice (Verein für Konsumenteninformation/Amazon EU Sárl, ECLI:EU:C:2016:612).
The author analyses the courts' decision and in his view the the Court is obliged to align with Rome I when judging the lawfulness of a specific provision.