5.2.1. Link to Articles 6(1) and 7(1)

In order to compensate for the structurally weaker position of consumers, who may not be aware of their rights and may, therefore, not raise the unfairness of contract terms, national courts, as a neutral instance, play an active role in proceedings involving unfair contract terms. Since its ruling of 4 June 2009 (378), the Court has consistently held that national courts are under an obligation to assess unfair contract terms of their own motion (ex officio), i.e. even if the unfairness of contract terms is not raised by the consumer: The Court has repeatedly confirmed this requirement (379): Ex officio control aims to achieve the result sought by Article 6(1) in individual cases and contributes to the objective of Article 7 as it may act as a deterrent to the use of unfair contract terms at large (381). The obligation of ex officio control applies a fortiori where a consumer, in substance, challenges the validity or fairness of the contract without, however, referring specifically to the legal provisions on unfair contract terms (382).

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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.