Does Transparency Lead to Unfairness? The Court of Justice of the European Union on the Duty to Inform about Mandatory Rules
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Nicholas Mouttotos
Abstract
The judgment of the Court of Justice of the European Union (CJEU) in Ottília Lovasné Tóth v ERSTE Bank Hungary Zrt can be seen as a missed opportunity, first, in elaborating on Article 3(1) of Directive 93/13, in particular whether the two criteria set by the article, of a term causing a ‘significant imbalance’ and it being contrary to ‘good faith’ should be assessed separately; and, second, in clarifying the status of the transparency requirement found in Article 5 of the directive. This case note focuses on the latter question, taking into account the repercussions of the judgment of the CJEU in Verein für Konsumenteninformation v Amazon EU Sàrl. In the latter case, the CJEU introduced an information duty about the existence of mandatory rules such as Article 6(2) of Rome I Regulation. In its decision in Ottília Lovasné Tóth, the CJEU decided to limit the scope of the judgment in Amazon to the particular circumstances of that case.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
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- Frontmatter
- Private Law Duties Deriving From EU Banking Regulation and its Individual Protection Goals
- Legal Transplants: Snapshots of the State of the Art and a Case Study from Central Europe – Post Transplantation-adjustment of Contractual Liability in the New Hungarian Civil Code
- Contractual Relationships between Investors and Financial Advisors
- EU Legislation
- European Union Legislation and Actions
- EU Case Law
- The Judgment in Bauer and the Effect of the EU Charter of Fundamental Rights in Horizontal Situations
- Does Transparency Lead to Unfairness? The Court of Justice of the European Union on the Duty to Inform about Mandatory Rules
- Book Review
- Djakhongir Saidov (ed), Research Handbook on International and Comparative Sale of Goods Law (Cheltenham: Edward Elgar Publishing, 2019) 434 pp, ISBN: 978-1786436146
Articles in the same Issue
- Frontmatter
- Frontmatter
- Private Law Duties Deriving From EU Banking Regulation and its Individual Protection Goals
- Legal Transplants: Snapshots of the State of the Art and a Case Study from Central Europe – Post Transplantation-adjustment of Contractual Liability in the New Hungarian Civil Code
- Contractual Relationships between Investors and Financial Advisors
- EU Legislation
- European Union Legislation and Actions
- EU Case Law
- The Judgment in Bauer and the Effect of the EU Charter of Fundamental Rights in Horizontal Situations
- Does Transparency Lead to Unfairness? The Court of Justice of the European Union on the Duty to Inform about Mandatory Rules
- Book Review
- Djakhongir Saidov (ed), Research Handbook on International and Comparative Sale of Goods Law (Cheltenham: Edward Elgar Publishing, 2019) 434 pp, ISBN: 978-1786436146
