Lessons Learned From Recent ECJ Case Law

Even if the original version of the Council Directive 93/13/EEC on unfair terms in consumer contracts has been in force since 16April1993 its significance is apparent from the abundance of case law handed down to date. As courts in various jurisdictions increasingly refer to this case law, sellers or suppliers cannot afford to neglect it when drafting their general terms and conditions (GTC).

Nevertheless, the European Court of Justice (ECJ) is still able to surprise consumers and sellers or suppliers with its case law and its consequences.

ECJ C-625/21 - VB v GUPFINGER Einrichtungsstudio GmbH

The recent decision ECJ C-625/21 - VB v GUPFINGER Einrichtungsstudio GmbH ("Gupfinger") has had a huge impact on the design of GTC. At its core, Gupfinger deals with the question, whether supplementary national law is precluded if the sellers' or suppliers' GTC contain an unfair term.