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03 May 2012
Issue: 7512 / Categories: Case law , Law digest , In Court
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Consumer Credit

Perenicova and another v SOS financ spol. s.r.o.: C-453/10, [2012] All ER (D) 99 (Apr)

National courts which had found that terms of a contract had been unfair, had been required under Art 6(1) of Council Directive (EEC) 93/13, first, to draw all the consequences that followed under national law, so that the consumer had not been bound by those terms, and second, to assess whether the contract in question could have continued to exist without those unfair terms. The objective pursued by the EU legislation in connection with Directive 93/13 consisted in restoring the balance between the parties while in principle preserving the validity of the contract as a whole, not in abolishing all contracts containing unfair terms.

As regarded the criteria for assessing whether a contract could have continued to exist without the unfair terms, Art 6(1) of Directive 93/13 and the requirements concerning the legal certainty of economic activities, pleaded in favour of an objective approach in interpreting that provision. It followed that the situation of one of the parties to the contract, in the case of a consumer, could not be regarded as

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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