Unfair Contract Terms in European Law

Paolisa Nebbia is a Fellow and Tutor in Law of St Hilda's College, Oxford.

• 1. Introduction 2. Directive 93/13 and EC Consumer Law and Policy A brief outline of Directive 93/13 The EC involvement in consumer policy and the roots of Directive 93/13 The rationale of the directive: the internal market argument The consumer protection argument The future of Directive 93/13 3. Unfair Terms Regulation: A Comparative Study Overview The rationale of unfair terms control in Italy and England Implementation of Directive 93/13 in England and in Italy 4. Unfair Terms Control in England and Italy Formal controls Substantive controls Different methods of adjudication 5. Subjective Scope of Application The consumer in EC law National traditions Areas of conflict between the domestic and the European definitions The business party 6. Application to Public Services The national traditions A 'European' approach to public services in Directive 93/13 7. Objective Scope of Application Individually negotiated terms 'Core' exclusions Contracts relating to land 8. Formal and Substantive Controls Formal controls Substantive controls Different methods of adjudication 9. Conclusion Convergence and divergence in the interpretation of Directive 93/13 The European Court of Justice as the engine of European integration?

...an excellent example for comparative studies in the field of European Consumer Law. Jules Stuyck Common Market Law Review Vol 46, Issue 3, 2009 A welcome contribution to European scholarship. This is a well-written book. Jan M. Smits Maastricht Journal of European and Comparative Law Volume 16, Number 4, 2009