Unfair Terms in Consumer Contracts Directive 1993
The Unfair Terms in Consumer Contracts Directive is a European Union directive governing the use of unfair or onerous terms used by businesses in their contractual dealings with consumers. The directive was amended in 2011 and in 2019. Subject to safeguards, a contractual term which has been individually negotiated by the seller and consumer will not be treated as "unfair".
Purpose
The directive reflects the European Union's desire to establish a single or internal market with progressive harmonisation of laws, so that goods and services, persons and capital can move more freely across the Union, whilst aligning the framework for protecting consumers. The European [Court of Justice], in its jurisprudence on cases raising unfair terms issues, has noted that The directive therefore requires member states to ensure that unfair terms are not binding on consumers.National law
Hungary
Unfair terms in consumer contracts are declared void by paragraph 209/A of the Hungarian Civil Code, which also states in paragraph 209 thatParagraph 2 of Government Decree 18/1999 on terms to be considered unfair in consumer contracts, dated 5 February 1999, states that