TY - JOUR
T1 - Does Transparency Lead to Unfairness?
T2 - The Court of Justice of the European Union on the Duty to Inform about Mandatory Rules
AU - Mouttotos, Nicholas
N1 - Publisher Copyright:
© 2020 Walter de Gruyter GmbH, Berlin/Boston.
PY - 2020/6/9
Y1 - 2020/6/9
N2 - The judgment of the Court of Justice of the European Union (CJEU) in Ottília Lovasné Tóth v ERSTE Bank Hungary Zrt can be seen as a missed opportunity, first, in elaborating on Article 3(1) of Directive 93/13, in particular whether the two criteria set by the article, of a term causing a 'significant imbalance' and it being contrary to 'good faith' should be assessed separately; and, second, in clarifying the status of the transparency requirement found in Article 5 of the directive. This case note focuses on the latter question, taking into account the repercussions of the judgment of the CJEU in Verein für Konsumenteninformation v Amazon EU Sàrl. In the latter case, the CJEU introduced an information duty about the existence of mandatory rules such as Article 6(2) of Rome I Regulation. In its decision in Ottília Lovasné Tóth, the CJEU decided to limit the scope of the judgment in Amazon to the particular circumstances of that case.
AB - The judgment of the Court of Justice of the European Union (CJEU) in Ottília Lovasné Tóth v ERSTE Bank Hungary Zrt can be seen as a missed opportunity, first, in elaborating on Article 3(1) of Directive 93/13, in particular whether the two criteria set by the article, of a term causing a 'significant imbalance' and it being contrary to 'good faith' should be assessed separately; and, second, in clarifying the status of the transparency requirement found in Article 5 of the directive. This case note focuses on the latter question, taking into account the repercussions of the judgment of the CJEU in Verein für Konsumenteninformation v Amazon EU Sàrl. In the latter case, the CJEU introduced an information duty about the existence of mandatory rules such as Article 6(2) of Rome I Regulation. In its decision in Ottília Lovasné Tóth, the CJEU decided to limit the scope of the judgment in Amazon to the particular circumstances of that case.
U2 - 10.1515/ercl-2020-0018
DO - 10.1515/ercl-2020-0018
M3 - Article
SN - 1614-9920
VL - 16
SP - 334
EP - 342
JO - European review of contract law
JF - European review of contract law
IS - 2
ER -