Freiburger Kommunalbauten (Environment and consumers) [2004] EUECJ C-237/02 (01 April 2004)

Freiburger Kommunalbauten (Environment and consumers) [2004] EUECJ C-237/02 (01 April 2004)

It is for the national court to decide whether a contractual term such as that at issue satisfies the requirements for it to be regarded as unfair under Article 3(1) of Directive 93/13/EEC.

Citation
[2004] EUECJ C-237/02
Parties
Claimant: Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG; Defendants: Mr and Mrs Hofstetter
Jurisdiction
European Union
Judgment Date
01 April 2004
Procedural Posture
Preliminary Ruling / Referred Question From Bundesgerichtshof
Outcome
Referred back to national court for determination of unfairness under Article 3(1) of Directive 93/13/EEC.
Legal Topics
Unfair Contract Terms, Interpretation of Directive 93/13/eec, Consumer Contracts
European Union Law Consumer Protection Law Unfair Contract Terms Interpretation of Directive 93/13/eec Consumer Contracts

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Parties

Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG

Claimant

Mr and Mrs Hofstetter

Defendants

Procedural Posture

Preliminary Ruling / Referred Question From Bundesgerichtshof

Legal Issues

  1. 1 Whether a contractual term requiring payment of the total price before performance, secured by a bank guarantee, is unfair under Article 3(1) of Directive 93/13/EEC

Ratio Decidendi

It is for the national court to decide whether a contractual term such as that at issue satisfies the requirements for it to be regarded as unfair under Article 3(1) of Directive 93/13/EEC.

Court Disposition

Referred back to national court for determination of unfairness under Article 3(1) of Directive 93/13/EEC.

Orders

  • It is for the national court to decide whether a contractual term such as that at issue satisfies the requirements for it to be regarded as unfair under Article 3(1) of Council Directive 93/13/EEC.