Rechtsleer

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.