sec_3_4_2__para__3

The imbalance in the rights and obligations to the detriment of the consumer is significant if there is a ‘sufficiently serious impairment of the legal situation in which the consumer […] is placed by reason of the relevant national provisions (224)’. This does not necessarily require that the term must have a significant economic impact with regard to the value of the transaction (225). Therefore, for instance, a contract term which imposes on the consumer payment of a tax where under the applicable national legislation this tax should be borne by the seller or supplier can create a significant imbalance in the parties' rights and obligations, regardless of the amounts which the consumer eventually will have to pay under such contract term (226).

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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.