Arights and obligations of the parties arising from the contract . The abusive character of a clause is assessed by taking into account the nature of the goods or services for which the contract was concluded and by referring at the time of its conclusion to all the circumstances accompanying the conclusion of the contract and to the other clauses of the contract . Assessing the abusive nature of a clause cannot concern the definition of the main object of the contract as long as the clause is expressed clearly and intelligibly . Council Directive EEC on unfair terms in consumer contracts Article A contractual clause that was not individually negotiated is.
Considered to be abusive if contrary to the requirement of good faith it causes a significant Country Email List imbalance between the rights and obligations of the parties arising from the contract to the detriment of the consumer. Article The assessment of the abusive character of the clauses does not concern either the definition of the object of the contract nor the adequacy of the price or remuneration on the one hand in relation to the services or goods provided in extent that these clauses are expressed clearly and intelligibly. Preliminary questions Referred to the litigation the Oradea Court of Appeal addresses three questions to the.
Court of Justice regarding the examination of the contractual clause in question. Two of these questions seek to determine whether the clause at issue can be considered to cover the main object of the contract and whether it is expressed in a clear and intelligible manner so that its potentially unfair character could not be examined. On the other hand the Court is asked to clarify the moment at which the existence of a significant imbalance between the rights and obligations of the parties must be assessed. Article paragraph of Directive must be interpreted in.
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