Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

18/11/2019 - Unfair contract terms: European rules for enhanced consumer protectio

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: european rules - consumer contracts - unfair terms

With communication C (2019) 5325 of 22 July 2019 on “Guidelines on the interpretation and application of Council Directive 93/13/EEC of 5 April 1993 concerning unfair terms in consumer contracts”, the E.U. Commission has provided companies, professionals and consumer associations with legal practitioners, including judges, a document that contains the tools to better protect EU consumers in terms of unfair terms in consumer contracts. The objective and main purpose is to provide the tools to protect themselves in the event of abusive clauses present, in particular, in mortgage credit contracts, in loans contracted in foreign currency and in mortgage loans and to present, in a structured manner, the interpretation provided by the judges of Luxembourg on the main concepts and provisions of the Directive, in the light of the specific cases dealt with by the courts of the Member States. The guidelines also specify on the sanctions applicable in the event of non-fulfillment of contractual obligations by the consumer.