Übersetzung für "Missbräuchlichkeit" in Englisch

This option would combine guidance with flexibility as to the assessment of fairness.

However, the Directive provides for two exceptions with regard to the assessment as to the unfairness of contractual terms.

When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.

In addition, the proposal tackles two contractual rights (modification and termination of long term contracts), which have been identified as problematic6 and which are currently only subject to the general clause on the unfairness control in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts7.

Annex III contains a list of terms which are deemed unfair unless the trader proves otherwise.

An allegedly unfair contractual term is assessed in the light of the nature of the goods or services covered by the contract, the circumstances in which the contract is drawn up and other terms in the contract or in another contract to which it relates (Article 4).

These two options could also be combined, i.e. some terms would be considered unfair in all circumstances while other terms are presumed to be unfair.

It should be considered whether a term included in a list of unfair terms of a horizontal instrument should be considered unfair in all circumstances (black list) or unfair unless the examination of the specific circumstances of the contract (including any individual negotiation) shows the contrary (i.e. a rebuttable presumption of unfairness – grey list).

Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent.

The main subject matter of the contract and the price/quality ratio should nevertheless be taken into account in assessing the fairness of other terms.

According to this test, the assessment of the unfair nature of the terms relates neither to the definition of the main subject matter of the contract nor to the adequacy of the price (as far these terms are expressed in plain intelligible language).

Member States shall enable the courts or administrative authorities to apply appropriate and effective means to prevent traders from continuing to use terms which have been found unfair.

It wished, inter alia, to know whether it must, of its own motion, ascertain whether that term is unfair, in the context of verifying its own territorial jurisdiction.

The Court points out that, according to the findings of the General Court, the Commission demonstrated that there were potential anti-competitive effects that may have excluded competitors who were at least as efficient as Telefónica, which is sufficient to establish that the practice of squeezing margins was abusive.

Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2.

Such a law would rule out the possibility of the national court assessing, of its own motion, the unfairness of a contractual term.

Where the national court considers such a clause to be unfair, it must not apply it, unless the consumer, after having been informed of it by the court, does not intend to assert its unfairness and non-binding status.

As regards the possible unfairness of the disputed term, the Court finds that the EU legislature recognised that, in the context of contracts of indefinite duration such as contracts for the supply of gas, the supplying undertaking has a legitimate interest in altering the charges for its service.

Option 4: A combination of options 2 and 3: some terms would be banned completely, while a rebuttable presumption of unfairness would apply to the others.

In the absence of specific rules, the unfairness of negotiated terms would be assessed under the principle of good faith (see 4.3).

When a particular unfair term has been the subject of an injunction, it may be appropriate to consider extending the decision to other identical cases, without prejudice to the appropriate procedural guarantees.

When a particular unfair term has been the subject of an injunction, it may be appropriate to consider extending the decision to other identical cases, without prejudice to the appropriate procedural guarantees.

According to them, none of the factors raised by the referring court and which were taken up by GSK AEVE to justify its refusal to supply is capable of altering the abusive nature of that practice.

The Commission is entitled to analyse the abusive nature of the dominant undertaking’s prices solely on the basis of that undertaking’s particular situation and therefore on the basis of its own charges and costs rather than on the basis of the situation of actual or potential competitors.

Since the abusive nature of the dominant operator’s pricing practices must be assessed on the basis of its particular situation and therefore on the basis of its charges and costs, it cannot therefore be influenced by any preferences which its competitors may have for one or other access services market.

However, the abusive nature of the applicant’s conduct is connected with the unfairness of the spread between its prices for wholesale access and its retail prices, which takes the form of a margin squeeze.

The Commission was therefore correct to analyse the abusive nature of the applicant’s pricing practices solely on the basis of the applicant’s particular situation and therefore on the basis of the applicant’s charges and costs.