Opinion of the Advocate General — ECLI:EU:C:2001:460
Date: 2001-09-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 
Approximation of laws — Unfair terms in consumer contracts — Directive 93/13 — 
Means to prevent the use of unfair terms — Need to set up procedures designed to 
prevent the mere recommendation of the use of such terms 
(Council Directive 93/13, Art. 7(3)) 
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SUMMARY — CASE C-372/99 
Article 7(3) of Directive 93/13 on unfair 
terms in consumer contracts, which pro­
vides that the legal remedies intended to 
prevent the use of such clauses may be 
directed separately or jointly against a 
number of sellers or suppliers or their 
associations which use or recommend the 
use of the clauses referred to, must be 
interpreted as requiring the setting up of 
procedures of a deterrent nature and a 
dissuasive purpose which may also be 
directed against conduct confined to the 
recommending of the use of unfair contract 
clauses, without actually using them in 
specific contracts. 
(see paras 15-16) 
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