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European Observer on fundamental right's respect

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Case Law C-266/18 (03/04/2019)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/03/2019

Subject: The Court affirmed that Directive 93/13/EEC on unfair terms in consumer contracts must be interpreted as meaning that a contractual term, such as that at issue in the main proceedings, which refers to the national law applicable so far as concerns the determination of jurisdiction to hear disputes between the parties to the contract, does not fall outside the scope of that directive. Moreover, Directive 93/13 does not preclude procedural rules, to which a contractual term refers, which allow the seller or supplier to choose, in the event of an action for alleged non-performance of a contract by the consumer, between the court which has jurisdiction in the place where the defendant is domiciled and that which has jurisdiction in the place of performance of the contract, unless the choice of place of performance of the contract gives rise, for the consumer, to procedural conditions which are such as to restrict excessively the right to an effective remedy conferred on him by the European Union legal order, which is a matter for the national court to determine

Parties: Aqua Med

Classification: Solidarity - Art. 38 Consumer protection - Justice - Art. 47 Justice: effective

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