sec_4_3_2__para__12

When assessing the particularly negative consequences for consumers, national courts have to take into account the interests of the consumer at the time when the question arises before the national court (321). In cases where the continuation of the contract is legally impossible following the elimination of an unfair contract term and where the continuation of the contract would be contrary to the consumer's interests, the Court has specified that national courts may not preserve the validity of the contract (322). In such cases, national law may thus not prevent consumers from relying on the nullity of the contract under Article 6(1) UCTD (323).

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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.