Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/20/2023

Subject: The Court affirmed that a consumer must always be afforded the opportunity, before the conclusion of a contract, to become acquainted with all the terms that the latter contract contains. Where a term of an insurance contract relating to the exclusion or limitation of cover against the insured risk, with which the consumer concerned could not have become acquainted prior to the conclusion of that contract, is found to be unfair by the national court, that court is required to exclude the application of that term in order that it may not produce binding effects with regard to that consumer

Parties: Ocidental - Companhia Portuguesa de Seguros de Vida

Classification: Solidarity - Art. 38 Consumer protection

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