Recent Jurisprudence of the CJEU on Abusive Clauses: The Andriciuc Ruling
Recent Jurisprudence of the CJEU on Abusive Clauses: The Andriciuc Ruling

Summary/Abstract: The most recent judgment of the Court of Justice of the European Union on abusive clauses, the Andriciuc judgment, once again demonstrates the substantial contribution of the Court to ensuring uniform application and interpretation of legislation across the European Union. The main issues of law to which the Luxembourg Court will give in the Andriciuc case concern: the ratione materiae scope of application of Directive 93/13, namely the exclusion of clauses which reflect 'statutory or mandatory administrative rules' provided for in Article 1 (2) of the Directive; the conditions for applying the exception to the substantive control mechanism of unfair terms, where they fall within the scope of the concept of "the main object of the contract", the exception provided for in Article 4 (2) of Directive 93/13; the meaning of the phrase "clearly expressed and understandable contractual clause"; the time at which the significant imbalance which an abusive clause is causing between the rights and obligations of the parties must be reported.

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