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Publishers Abstract:
It is well known that Directive 93/13/EEC of Apr 5, 1993 prohibits unfair terms through a general prohibition, an indicative grey list and a specific prohibition of non-transparent written terms. Unfair terms used in consumer contracts, as provided for under national law, may not be binding on the consumer; the contract continues to bind the parties if it is capable of continuing to exist without the unfair terms. References for preliminary rulings have hitherto related primarily to cases in which an individual consumer has taken action against the use of unfair terms, for example by challenging the contract in question or resisting its enforced execution. In most Member States, a ruling on a collective action for an injunction is mandatory only with respect to the case and the parties in question, i.e. the qualified entity which brought the action and the business which is the subject of the injunction.
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