d1e7922-4-1__para__3
COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
As explained under Section 5.4.1, a national rule on res judicata will not be compatible with the effectiveness principle where it prevents ex officio control of contract terms before a claim is enforced against a consumer while there are no effective remedies or there is a significant risk that consumers will not use the available remedies (459). Likewise, the Court (460) has ruled that, if a court has examined only some relevant contract terms, res judicata cannot prevent the assessment of additional contract terms at a later stage, whether at the consumer's request or of the court's own motion:
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.