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ECJ rules on application of fairness test to essential contract terms

  • Freshfields Bruckhaus Deringer LLP
  • -
  • European Union, Spain
  • -
  • October 25 2010

The European Court of Justice (ECJ) has recently ruled, in the context of proceedings between a Spanish bank and a Spanish banking services user association, that member states are free to adopt or keep national laws on the fairness of essential contract terms that are stricter that the rules laid down by the Directive on unfair terms in consumer contracts (9313EEC