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CJEU—national jurisdiction rules and unfair contract terms claims (Asociacion de Consumidores Independientes de Castilla y Leon v Anuntis Segundamano Espana SL)

CJEU—national jurisdiction rules and unfair contract terms claims (Asociacion de Consumidores Independientes de Castilla y Leon v Anuntis Segundamano Espana SL)
Published on: 16 December 2013
Published by: LexisPSL
  • CJEU—national jurisdiction rules and unfair contract terms claims (Asociacion de Consumidores Independientes de Castilla y Leon v Anuntis Segundamano Espana SL)
  • Practical implication
  • Facts
  • The jurisdiction of the CJEU over national law
  • Is the national law unfair to consumers?
  • Court details

Article summary

DR analysis: The CJEU has held that Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (Directive 93/13) does not undermine national legislation which dictates which court these claims must be brought in. The only condition is that the national rules must not make it impossible or excessively difficult for such a claim to be progressed. As this case shows, the CJEU itself has jurisdiction to intervene and rule on national legislation that is intended to safeguard a right arising from a principle of European Union law even if the point relates to just one Member State (here it was Spain). or take a trial to read the full analysis.

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