Availability of interim measures
The Court (445) has repeatedly stressed the significance of the availability of interim measures in particular in order to halt or suspend enforcement against a consumer while the court is assessing the unfairness of relevant contract terms. Without interim measures, there is a risk that the protection against unfair contract terms comes too late and is, therefore, not effective. Interim relief is particularly important in relation to enforcement concerning the consumer's home (446), involving evictions, but is relevant also for other enforcement measures. The Court (447) has summarised the legal position as follows: Interim measures can be essential not only to suspend enforcement against consumers, but also in cases where consumers take legal action to request a declaration of invalidity of certain contract terms (450). Article 7(1) may also require that national courts must have the possibility to grant interim relief of their own motion, where the grant of such relief is necessary in order to ensure the full effectiveness of a later judgment involving unfair contract terms and where there is a significant risk that consumers will not request interim measures (451). Finally, not only the complete absence of interim measures may infringe the effectiveness of remedies, but also the fact that it is difficult for consumers to obtain interim relief in light of, for instance, tight time-limits, submissions to be made or securities or evidence to be provided.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.