The court asked whether, in a case brought against an individual consumer, the court could investigate the unfairness of the relevant term of the contract at issue of its own motion.
Held: In such a case the court could act of its own motion. In this case the term was unfair. Article 7(2) refers to a ‘decision’ by a court or an administrative authority as to whether a term is unfair.
Citations:
[2000] ECR I-4941
Statutes:
Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts 7(2)
Jurisdiction:
European
Cited by:
Cited – Office 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 . .
Lists of cited by and citing cases may be incomplete.
European, Consumer, Contract
Updated: 01 May 2022; Ref: scu.271000