Search results

Courts required to assess of their own motion whether terms fair under UTCCR 1999

• Squire Sanders
• -
• European Union, Spain, United Kingdom
• -
• October 29 2009

In a reference from the Spanish courts in the case of Asturcom Telecomunicaciones SL v Maria Cristina Rodriguez Nogueira, the ECJ has considered whether, in proceedings involving a term in a consumer contract, a national court must consider of its own motion whether that term is unfair within the Unfair Terms in Consumer Contracts Directive (9313EEC) (the Directive