ALERTS: DISTRIBUTION – CONSUMPTION - EXCESSIVE CLAUSES - INTERPRETATION
Excessive clauses: The Court of Justice rules on the interpretation of the directive 93/13/EEC regarding excessive clauses (Banif Plus Bank; Calanunyacaixa; RWE Vertrieb / Verbraucherzentrale Nordrhein-Westfalen)
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The CJEU has recently ruled on the interpretation of several articles of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts:
– Article 1(2): "Contract terms which reflect mandatory statutory or regulatory provisions and the provisions or principles of international conventions to which the Member States or the Community are party, particularly in the field of transport, shall not be subject to the provisions of this Directive";
– Article 3(1): "A term of a contract which has not been individually negotiated shall be regarded as unfair where, despite the requirement of good faith, it causes a significant imbalance in the parties'
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