sec_3_2__para__2

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 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.