§3.2 Contract terms relating to the main subject matter of the contract or the price and remuneration (Article 4(2) UCTD)

Contract terms relating to the main subject matter of the contract or the price and remuneration are within the scope of the UCTD (146). The particularity of such contract terms is that, under the minimum standard of Article 4(2) UCTD (147), the assessment of their unfairness under Article 3(1) is excluded (148) or limited (149) if they are drafted in plain, intelligible language or, in other words, if such terms meet the transparency requirements of the UCTD. Since Article 4(2) of the UCTD lays down an exception to the application of the unfairness-test under Article 3(1), that provision must be strictly interpreted (150). Article 4(2) must also be interpreted uniformly throughout the European Union, taking into account the purpose of the UCTD (151). It is for national courts to determine in individual cases whether a given contract term (a) relates to the definition of the main subject matter of the contract or whether the examination of its unfairness would imply an assessment of the adequacy of the price and remuneration (152), and (b) whether such contract terms are drafted in plain intelligible language (153).

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