September 22
2021
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Emilija Berzanskaite
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14th September 2021
Consumer, Health & Environment

Request for a preliminary ruling concerning unfair terms in consumer contracts published 

The Court of Justice will be ruling on the request for a preliminary ruling lodged by a Bulgarian court regarding unfair contractual terms in consumer contracts (C-379/21), which was published yesterday. In particular, the Court has been asked to rule:

Must Article 6(1) of the Unfair Contract Terms Directive 93/13/EEC, which provides that unfair terms shall not be binding on the consumer, be interpreted as requiring the national court to assess the fairness of a term in proceedings where the debtor is not a party until the order for payment is issued? If yes, where only part of the claim is based on the unfair term, is the court required to refrain from issuing a decision ordering immediate payment of the debt altogether or only in
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