sec_5_6__para__4
COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union
Finally, the Court (500) has clarified that a decision by a national court adjudicating at last instance which does not comply with its obligation to assess the unfairness of contract terms of its own motion may constitute a sufficiently serious infringement of EU law that could trigger the liability of the Member State for damages caused to consumers.
← sec_5_6__para__3 · All articles · 5.7. Prüfung missbräuchlicher Vertragsklauseln von Amts wegen und außergerichtliche Verfahren →
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.