sec_1_2_2__para

COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union

According to Article 2(a) in conjunction with 3(1), only contract terms which have not been negotiated individually are subject to the UCTD. Article 3(2) contains certain presumptions and provisions on the burden of proof for the question of whether a given contract term has not been negotiated individually. Along with Recitals 9 and 11, Article 3(2) also gives examples of what kind of contract terms are covered. Typically, but not exclusively, ‘standard’ (62), standardised (63) or pre-formulated (64) contract terms, often found in so-called ‘terms and conditions’ will be covered.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.