Equality or superiority of the weak party? Consumer protection and the issues at stake

From an analysis of the most recent case law of the CJEU, it becomes clear that it has taken a troublesome position on the interpretation of the Directive on Unfair Contract Terms (UCTD) and this could result in significant repercussions in terms of effective protection afforded to consumers and difficulties imposed on traders. More specifically, the CJEU’s main interpretive difficulties have focused on Article 6 of the UCTD and namely on the question of whether the non-binding nature of unfair terms implies the preclusion of contract revision and whether the UCTD legitimises rules that primarily serve to sanction sellers and suppliers rather than to ensure a rebalancing based on the principle of contract equality.