11 June 2019
Unfair terms: Effects on the contract
It is likely that the continuity of the agreement will be impossible after the term defining the main subject matter of the agreement has been held to be unfair.
CJEU, Case C-38/17 GT v HS, Judgment of 5 June 2019, LawLex20190000752JBJ
Free movement of persons and services: General principles of law
Article 49 TFEU, Article 15(2) and Articles 16, 47 and 52 of the Charter of Fundamental Rights and the general principle of the right to good administration preclude national legislation providing that an administrative authority may decide to close a commercial establishment with immediate effect, on the ground that it suspects that prostitution is practiced in that establishment without the authorization required under that legislation, insofar as that legislation, first, does not require reasons, in fact and in law, to be given in writing for such a decision and to be communicated to its addressee, and second, requires that any application brought by that addressee and seeking annulment of that decision must be reasoned.
CJEU, Case C-230/18, Judgment of 8 May 2019, LawLex20190000596JBJ
Unfair terms directive: Unfair terms
Where the determination of the amount of the loan depends on the applicable exchange rate at the time the loan was advanced, as fixed by the lender after the agreement had been concluded, the requirement that a contractual term must be drafted in plain intelligible language means that the mechanism for calculating the amount lent, expressed in foreign currency, and the exchange rate applicable must be indicated transparently, so that a reasonably well-informed and reasonably observant and circumspect consumer may evaluate, on the basis of clear, intelligible criteria, the economic consequences for him of entering into the agreement, including, in particular, the total cost of the loan.
CJEU, Case C-38/17 GT v HS, Judgment of 5 June 2019, LawLex20190000752JBJ
