Judgment — ECLI:EU:C:2002:42
Date: 2002-01-24
Language of the case: Italian
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Concepts: Unfair terms
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)) 
I - 819 
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) 
I -820