Search results for " European market"

Unfair Terms, Protective Nullity and Court’s Powers: Certain Reference Points after Jőrös’ and Asbeek Brusse’s Rulings

2015

Review. The article examines the cases of Jőrös (Case C- 397/11,) and Asbeek Brusse,(case C‑488–11), both dated 30 may 2013, as a starting point for a more general analysis of the ECJ’s approach to the legal consequences to be drawn by the national Court from finding that a contractual term is unfair. The work focuses on the question of whether the interest of the consumer — at the basis of the remedy under consideration — is compatible with the general public interest and with the duty of the National Court to declare the nullity of its own motion, perhaps in contrast with the individual interest of the party. The paper criticizes the “Pannon ruling”, and points out how the more recent Ban…