Counsel Magazine

In Case C-243/08 the ECJ held that in the area of consumer protection, national courts are not limited merely to ruling on the possible unfairness of a contractual term, but must also themselves examine that issue, where requisite legal and factual elements are available to them to do so.

See: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-243/08