sec_5_5_3__para__9

The Court (491) confirmed this interpretation, when, after establishing the existence of a significant risk that consumers will not lodge an objection to a payment order (492), it considered that the issuing of a payment order without any prior ex officio examination of the unfairness of contract terms was incompatible with Article 7(1) UCTD. The Court came to this conclusion although it was aware that, under the relevant rules of procedure, national courts did normally not have access to the legal and factual elements for this examination (493) and without mentioning access to such elements as a condition for its finding (494), when it stated that

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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.