ECJ Says Consumer Rules Exempt National Contract Laws

By Lucia Osborne-Crowley (December 21, 2021, 3:12 PM GMT) -- Europe's highest court ruled Tuesday that the bloc's directive protecting against unfair contracts does not apply to terms that are supported by separate national laws after two Greek customers sought to set aside loan agreements that had been converted into Swiss francs.

The European Court of Justice gave an advisory judgment clarifying that the EU's consumer protection directive, and in particular its clauses prohibiting unfair terms in consumer contracts, preclude any terms that are separately allowed under national law.

The court also held that member states are free to pass their own national consumer protection legislation in order to give consumers a...

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