Abusive Clauses and Challenge to Enforcement Proceedings in the View of the Court of Justice of the European Union
Abusive Clauses and Challenge to Enforcement Proceedings in the View of the Court of Justice of the European Union

Author(s): Cătălin Lungănașu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: objection to enforcement; consumer; unfair terms; admissibility; bail;
Summary/Abstract: The present study aims to present the peculiarities of invoking unfair terms in the conditions in which the contract becomes an enforceable title and the consumer acquires the status of a foreclosed debtor. In such a circumstance, different institutions of substantive and procedural law both become incidents, without, however, being a full timing. Moreover, certain inconsistencies are felt throughout the legal context in the light of the case-law of the Court of Justice of the European Union and the principle of the priority application of European law. As a result, without exhausting the subject, the present research analyzes the specifics of the incidental sanction in the case of finding the unfairness of the contract terms both depending on the evolution of the national legislation specific to the challenge to enforcement and through references to the recent judgments of the CJEU.

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