Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter: ECJ 1 Apr 2004

ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national law – Clause obliging the consumer to pay the price before the seller or supplier has performed his obligations – Obligation on the seller or supplier to provide a guarantee.
The Court considered the role of the ECJ and of the national court in relation to the determination as to whether a particular term was unfair. It stated that the issue of unfairness turned on all the facts and was for the national court. Directive 93/13/EEC of 5 April 1993 on unfair terms and consumer contracts, which the Regulations implement, applies to contracts in respect of land.


C-237/02, [2004] EUECJ C-237/02, [2004] ECR I-3403, [2004] 2 CMLR 13




Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts



Cited by:

CitedOffice of Fair Trading v Foxtons Ltd ChD 17-Jul-2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see . .
CitedPeabody Trust v Reeve ChD 2-Jun-2008
The court was asked to sanction the unilateral alteration by the landlord of the terms of some ten thouand tenancies. The agreements contained a clause which the landlord said allowed for variations under the Housing Act 1985. The landlord was a . .
CitedOffice of Fair Trading (OFT) v Abbey National Plc and Others SC 25-Nov-2009
The banks appealed against a ruling that the OFT could investigate the fairness or otherwise of their systems for charging bank customers for non-agreed items as excessive relative to the services supplied. The banks said that regulation 6(2) could . .
Lists of cited by and citing cases may be incomplete.

Consumer, Contract

Updated: 26 July 2022; Ref: scu.195731