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2.

Member States may restrict such penalties to situations where the contractual terms are expressly defined as unfair in all circumstances in national law or where a seller or supplier continues to use contractual terms that have been found to be unfair in a final decision taken in accordance with Article 7(2).

National law under this provision

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as consolidated on 2022-05-28; changes after this date are not shown.