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MOSTAZA CLARO - Coggle Diagram
MOSTAZA CLARO
preliminary hearing art. 234 EC Audiencia Provincial de Madrid
namely the interpretation of the Council's directive 93/13/EEC
unfair terms in consumer's contract
providing between
MS Mostaza Claro
Movil
validity of an arbitration clause included in the contract which she concluded with the company
overview of the community's legislation
art. 3 of the directive
if a contractual term has not been individually negotiated the clause shall be unfair if
in contrast with the requirement of good faith
imbalance in the parties rights and obligations
detriment to the consumer
art. 6
the unfair clauses shall not bind the consumer
the contract remains into effect but
if the unfair clause was essential it ceases to produce legal effects
art. 7
positive obligation on states to ensure the protection of the consumer towards
decision of the court
a national court under the scope of dire. 93/13 EC must annual the award
if it was issued on the basis of an arbitration agreement with an unfair term
even if the consumer has not pleaded the invalidity during the arbitration proceedings.
the court must compensate the imbalance
raising the standard of living and quality of life
reshape the balance of the consumer rights
in Eco Swiss the court ruled that if national court is empowered to annul awards on the basis of the non conformity of arbitration agrements with national provisions
it could be give just in limited circumstances
also where there is a violation of the community rules