ALERTS: DISTRIBUTION – CONSUMER PROTECTION - INTERPRETATION - INFORMATION

Consumer contracts: The Court of Justice of the European Union considers that professionals are not required to provide additional information relating to a clearly stated provision, the legal effects of which may be established only by the interpretation of a national law provision and are not construed consistently in case law (Ottília Lovasné Tóth / ERSTE Bank Hungary)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Directive 93/13/EEC on unfair terms in consumer contracts contains an indicative list of practices which may be regarded as unfair in an annex. These include, respectively in points (m) and (q), terms which have as their object or effect "giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the terms of the contract or conferring on him the exclusive right to interpret any term of the contract" or "eliminating or hindering the consumer's right to take legal action or pursue remedies (...)". Article 5 of the Directive also contains a principle of

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Marie-Pierre Bonnet-Desplan, Consumer contracts: The Court of Justice of the European Union considers that professionals are not required to provide additional information relating to a clearly stated provision, the legal effects of which may be established only by the interpretation of a national law provision and are not construed consistently in case law (Ottília Lovasné Tóth / ERSTE Bank Hungary), 19 September 2019, Concurrences N° 4-2019, Art. N° 92615, www.concurrences.com

Visites 63

All reviews