Can Article 6(1) of Directive 93/13 be construed as meaning that the non-binding nature vis-à-vis the consumer of an unfair term introduced by the seller or supplier does not have effect ipso jure but only where the consumer successfully contests the unfair term by lodging the relevant application?

Article 6(1) must be interpreted as meaning that an unfair contract term is not binding on the consumer, and it is unnecessary for the consumer to contest the term beforehand.

Does the consumer protection provided by Directive 93/13 require the national court of its own motion to determine that the contract before it contains unfair terms, even where no application has been lodged?

The national court is required to examine, of its own motion, the unfairness of a contractual term where it has the necessary legal and factual elements.

What are the factors which the national court must take into account and evaluate in the context of exercising this control?

The national court must determine if a contractual term satisfies the criteria to be categorized as unfair under Article 3(1) of Directive 93/13, considering whether it was individually negotiated and its impact on jurisdiction.

Unfair contract terms are non-binding on consumers without prior contestation.

European Court of Justice · Judgment

(Directive 93/13/EEC – Unfair terms in consumer contracts – Legal effects of an unfair term – Power of and obligation on the national court to examine of its own motion the unfairness of a term conferring jurisdiction – Criteria for assessment)

Rechtsvraag

Whether the national court is required to examine, of its own motion, the unfairness of a jurisdiction clause in consumer contracts and whether such a clause is binding without consumer contestation.

Regel

Art. 6(1), Directive 93/13/EEC (Unfair contract terms are not binding on consumers without needing consumer contestation)
Art. 3(1), Directive 93/13/EEC (Defines criteria for unfair terms as those causing a significant imbalance to the detriment of the consumer)
Art. 4(1), Directive 93/13/EEC (Assessment of unfairness considering the nature of goods/services and circumstances at contract conclusion)

Conclusie

The Court concluded that under Directive 93/13/EEC, an unfair contract term is not binding on the consumer without the need for contestation, and that national courts have the obligation to assess such terms' fairness of their own motion when they have the necessary legal and factual elements. The national court must also consider whether terms like jurisdiction clauses satisfy the criteria to be categorized as unfair by causing significant imbalance against the consumer.

Tijdlijn

05-04-1993 Council Directive 93/13/EEC on unfair terms in consumer contracts was enacted with the purpose to protect consumers from unfair terms in contracts.
12-12-2004 Mrs Sustikné Győrfi entered into a subscription contract with Pannon for the provision of mobile telephone services, agreeing to terms that included a jurisdiction clause.
Unknown, exact date not provided Pannon GSM, believing Mrs Sustikné Győrfi did not comply with her contractual obligations, applied to the Budaörsi Városi Bíróság for an order for payment.
Unknown, follows previous event The Budaörsi Városi Bíróság made the order for payment against Mrs Sustikné Győrfi as requested by Pannon.
Unknown, follows previous event Mrs Sustikné Győrfi filed a statement of opposition to the payment order within the prescribed time-limit, making the proceedings contentious.
Unknown, follows previous event The Budaörsi Városi Bíróság noted that Mrs Sustikné Győrfi's residence was not within its jurisdiction and that the proper court was the Battonyai Városi Bíróság.
22-05-2008 The Budaörsi Városi Bíróság referred questions to the Court of Justice of the European Union for a preliminary ruling concerning the interpretation of Council Directive 93/13/EEC.
02-06-2008 The Court of Justice of the European Union received the request for a preliminary ruling from the Budaörsi Városi Bíróság.
02-04-2009 The Court of Justice of the European Union conducted a hearing on the preliminary ruling request.
04-06-2009 The Court of Justice of the European Union delivered its judgment regarding the interpretation of Council Directive 93/13/EEC, ruling on the obligations of national courts concerning unfair terms in consumer contracts.