Possible application of unfair contract terms despite their unfairness?

COMMISSION NOTICE Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts · European Union

The Court (328) has held that, in cases where the contract can continue to exist without an unfair term (329), and after the judge has informed the consumer of the unfairness and non-binding nature of an unfair contract term, the consumer may decide not to rely on this protection so that in fact the contract term is applied.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07