Opinion of the Advocate General — ECLI:EU:C:2003:504
Date: 2003-09-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Approximation of laws – Unfair terms in consumer contracts – Directive 93/13 – Unfair term under Article 3 – Meaning – Clause obliging the consumer to pay the full price before performance once a guarantee is provided – Assessment of unfair nature by the national court (Council Directive 93/13, Art. 3) It is for the national court to decide whether a contractual term in a building contract requiring the whole of the price to be paid before the performance by the seller or supplier of its obligations and provision by the latter of a guarantee satisfies the requirements for it to be regarded as unfair under Article 3(1) of Directive 93/13 on unfair terms in consumer contracts. Although the Court may interpret general criteria used by the Community legislature in order to define the concept of unfair terms such as it appears in Directive 93/13, it should not, however, rule on the application of those general criteria to a particular term, which must be considered in the light of the particular circumstances of the case in question. (see paras 22, 25, operative part)