The incompatibility with Directive 93/13 of the temporal limitation of the restitution effects connected with a judicial declaration of unfairness of a contractual clause. Commentary on the judgment of 21 December 2016, Gutiérrez Naranjo and others
DOI:
https://doi.org/10.18042/cepc/rdce.57.08Keywords:
Unfair terms, transparency, nullity, main subject matter of the contract.Abstract
The Judgment Gutiérrez Naranjo declares that a national case-law that temporally limits the restitution effects connected with a finding of unfairness of a clause by a court precludes article 6.1 Council Directive 13/1993/CE, of 5 April 1993, on unfair terms in consumer contracts. This paper analyzes some of the aspects on which this resolution is based: the scope of the transparency obligation of article 4.2 of Directive 1993/13/EC, the limits of the reference to the procedural autonomy of the states of article 6.1 of Directive 1993/13/EC or the irrelevance of good faith and of the risks of serious economic difficulties to justify that a national court may limit temporally the restitution effects connected with a finding of unfairness.Downloads
Published
2017-07-25
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CASE LAW COURT OF JUSTICE OF THE EU
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