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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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