Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/26/2017

Subject: The Court affirmed that national courts can not examine the unfairness of contractual terms where a ruling has already been given on the lawfulness of the terms of the contract, in a decision which has become res judicata. By contrast, where there are one or more contractual terms the potential unfair nature of which has not been examined during an earlier judicial review of the contract in dispute which has been closed by a decision which has become res judicata, a national court, before which a consumer has properly lodged an objection, is required to assess the potential unfairness of those terms, whether at the request of the parties or of its own motion where it is in possession of the legal and factual elements necessary for that purpose. The examination of the potential unfairness of a term of a contract concluded between a seller or supplier and a consumer requires it to be determined whether that term causes a significant imbalance in the parties’ rights and obligations under a contract to the detriment of the consumer

Parties: Banco Primus

Classification: Solidarity - Art. 38 Consumer protection

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