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Oceano Grupo Editorial SA v Quintero: ECJ 2000

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:

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 . .
Lists of cited by and citing cases may be incomplete.

European, Consumer, Contract

Updated: 01 May 2022; Ref: scu.271000

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