Source: All England Reporter
Publisher Citation: [2002] All ER (D) 312 (Nov)
Court: Court of Justice of The European Communities (Fifth Chamber)

Judges Wathelet (President of the Chamber), Timmermans, Edward, Pergola and Jann (Rapporteur)

Judgment Dates: 21 November 2002


European Communities - Environment and consumers - Consumers - Consumer protection - Council Directive (EC) 93/13.

The Case

Council Directive (EC) 93-13 on unfair terms in consumer contracts precluded a national provision which, in proceedings brought by a seller or supplier against a consumer on the basis of a contract concluded between them, prohibited the national court, on expiry of a limitation period, from finding, of its own motion or following a plea raised by the consumer, that a term of the contract was unfair.

Practice Areas

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