CIVIL SANCTIONS APPLICABLE TO THE UNFAIR TERMS IN CONSUMER CONTRACTS AND LEGAL PROCEDURES FOR THE ELIMINATION THEREOF, ACCORDING TO THE COURT OF JUSTICE OF THE EUROPEAN UNION CASE LAW
CIVIL SANCTIONS APPLICABLE TO THE UNFAIR TERMS IN CONSUMER CONTRACTS AND LEGAL PROCEDURES FOR THE ELIMINATION THEREOF, ACCORDING TO THE COURT OF JUSTICE OF THE EUROPEAN UNION CASE LAW

Summary/Abstract: The Law no. 193/2000 on the unfair terms in the contracts concluded between the professionals and the consumers, transposing the Directive 93/13/EEC on unfair terms in the contracts concluded with the consumers, does not explicitly establish the civil sanction imposable to the unfair terms and, in general, its provisions on the civil sanctions that may be imposable, in case of establishing the unfairness of some contractual terms, are ambiguous. This leads to divergent doctrinal interpretations and an inconsistent practice. In this context, a summary of the solutions offered by the law case of the European Union Court of Justice in this matter, is an important landmark.

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