ntr147-C_2019323EN.01000401-E0147
(147) Where Member States have not transposed this limitation contained in Article 4(2) UCTD into their national law (See Annex II to this Notice), the unfairness of such terms, including the adequacy of the price, can be assessed regardless of any lack of transparency. In Case C-484/08 Caja de Ahorros Monte de Piedad the Court confirmed that such national transposition is covered by Article 8. In point 1 of the operative part the Court stated: ‘Articles 4(2) and 8 of Council Directive 93/13/EEC […] must be interpreted as not precluding national legislation, […], which authorises a judicial review as to the unfairness of contractual terms which relate to the definition of the main subject-matter of the contract or to the adequacy of the price and remuneration, on the one hand, as against the services or goods to be supplied in exchange, on the other hand, even in the case where those terms are drafted in plain, intelligible language.’
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.