European e-Justice Portal - Legal Literature
Close

BETA VERSION OF THE PORTAL IS NOW AVAILABLE!

Visit the BETA version of the European e-Justice Portal and give us feedback of your experience!

 
 

Navigation path

  • Home
  • Legal Literature

menu starting dummy link

Page navigation

menu starting dummy link

Legal Literature

Legal Literature Details
Member State Netherlands
Title Practice: The third-party effect of collective injunctions against unreasonably onerous provisions in the light of the European case law
Subtitle
Type article
URL
Author PAVILLON, C.M.D.S.
Reference TvC 2016/4
Publication Year 2016
Keywords case law, collective action, injunction, unfair terms

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 7, 1. Unfair Contract Terms Directive, Article 7, 2. Injunctions Directive, link

The author answers the question of which consequences the unreasonably onerous general terms have for an individual procedure concerning these general terms. The author answers this question by analysing recent judgments by the European Court of Justice concerning the injunctions made obligatory by the Directive. This article offers an overview of the different collective actions possible according to Dutch law and answers the question how the collective and individual test of general conditions are connected.

The overview of the different collective actions possible in the Netherlands teaches us, according to the author, that Dutch law has the underlying principle of a strict distinction between the abstract and specific test and ancillary sanctions. This is in line with the recent judgments from the European Court. Meanwhile the third-party effects of collective decisions are increasing.

No results available