Judgment of the Court (First Chamber) of 6 October 2009, Asturcom Telecomunicaciones SL v Cristina Rodríguez Nogueira, Case C-40/08
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Chantal Mak
On those grounds, the Court (First Chamber) hereby rules:
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a national court or tribunal hearing an action for enforcement of an arbitration award which has become final and was made in the absence of the consumer is required, where it has available to it the legal and factual elements necessary for that task, to assess of its own motion whether an arbitration clause in a contract concluded between a seller or supplier and a consumer is unfair, in so far as, under national rules of procedure, it can carry out such an assessment in similar actions of a domestic nature. If that is the case, it is for that court or tribunal to establish all the consequences thereby arising under national law, in order to ensure that the consumer is not bound by that clause.
Articles in the same Issue
- Reforming European Unfair Terms Legislation in Consumer Contracts
- Interpretation and Judicial Development of EU Private Law. The Example of the Sturgeon-Case
- Internal Market Legislation and the Private Law of the Member States. The Impact of Fundamental Rights
- Judgment of the Court (First Chamber) of 6 October 2009, Asturcom Telecomunicaciones SL v Cristina Rodríguez Nogueira, Case C-40/08
- Case C-484/08 Caja de Ahorros y Monte de Piedad de Madrid v Asociación de Usuarios de Servicios Bancarios (Ausbanc)
- European Community legislation and Actions
- EC Financial Services and Contract Law – Developments 2007–2010
- Catharine MacMillan, Mistakes in Contract Law, Hart Publishing, Oxford, 2010, ISBN-13:978-1-84113-507-6, xxv + 322 pp
Articles in the same Issue
- Reforming European Unfair Terms Legislation in Consumer Contracts
- Interpretation and Judicial Development of EU Private Law. The Example of the Sturgeon-Case
- Internal Market Legislation and the Private Law of the Member States. The Impact of Fundamental Rights
- Judgment of the Court (First Chamber) of 6 October 2009, Asturcom Telecomunicaciones SL v Cristina Rodríguez Nogueira, Case C-40/08
- Case C-484/08 Caja de Ahorros y Monte de Piedad de Madrid v Asociación de Usuarios de Servicios Bancarios (Ausbanc)
- European Community legislation and Actions
- EC Financial Services and Contract Law – Developments 2007–2010
- Catharine MacMillan, Mistakes in Contract Law, Hart Publishing, Oxford, 2010, ISBN-13:978-1-84113-507-6, xxv + 322 pp
