§2 RELATIONSHIP WITH NATIONAL LAW, INCLUDING MINIMUM HARMONISATION

Article 8 UCTD Member States may adopt or retain the most stringent provisions compatible with the Treaty in the area covered by this Directive, to ensure a maximum degree of protection for the consumer. Article 8a UCTD (109) 1. Where a Member State adopts provisions in accordance with Article 8, it shall inform the Commission thereof, as well as of any subsequent changes, in particular where those provisions: — extend the unfairness assessment to individually negotiated contractual terms or to the adequacy of the price or remuneration; or, — contain lists of contractual terms which shall be considered as unfair[.] 2. The Commission shall ensure that the information referred to in paragraph 1 is easily accessible to consumers and traders, inter alia, on a dedicated website. 3. The Commission shall forward the information referred to in paragraph 1 to the other Member States and the European Parliament. The Commission shall consult stakeholders on that information. Recital 17 Whereas, for the purposes of this Directive, the annexed list of terms can be of indicative value only and, because of the cause of the minimal character of the Directive, the scope of these terms may be the subject of amplification or more restrictive editing by the Member States in their national laws; The UCTD and national law interact in different ways. There are — provisions which transpose the UCTD into national law, including those which extend their scope or lay down more stringent requirements, and — provisions of national law, whether of a substantive or procedural nature, that cover additional aspects, but which have to be taken into account when courts have to rule on cases involving unfair contract terms.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07