d1e1937-1-1__para__4
The fact that a trader resorted to such an unfair commercial practice is one of the elements to be considered in the assessment of unfairness of contractual terms under the UCTD (57). In particular, this element may be used to establish whether a contract term which is based on it creates a ‘significant imbalance’ in the rights and obligations arising under the contract, to the detriment of the consumer, under Article 3(1) and Article 4(1) of the UCTD. Similarly, this element could be relevant in assessing whether a contract term is transparent under Articles 4(2) and 5 of the UCTD (58). At the same time, a finding that a trader resorted to an unfair commercial practice has no direct effect on whether the contract is valid under Article 6(1) of that Directive, without prejudice to any national rules pursuant to which the contract entered into on the basis of unfair commercial practices is void as a whole (59).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.