Source: All England Reporter
Publisher Citation: [2006] All ER (D) 322 (Oct)
Court: Court of Justice of the European Communities (First Chamber)

Judges Jann (President of Chamber), Lenaerts, Juhasz, Cunha Rodrigues (Rapporteur) and Ilesic

Judgment Dates: 26 October 2006


European community - Consumer protection - Unfair contract terms - Unfair terms in consumer contracts - Failure to raise unfair nature of a term during arbitration proceedings - Possibility of raising objection in context of action brought against arbitration award - Council Directive (EEC) 93/13, art 6, 7.

The Case

Council Directive (EEC) 93-13 on unfair terms in consumer contracts had to be interpreted as meaning that a national court seised of an action for annulment of an arbitration award had to determine whether the arbitration agreement was void and annul that award where that agreement contained an unfair term, even though the consumer had not pleaded that invalidity in the course of the arbitration proceedings, but only in that of the action for annulment.

Practice Areas

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