Legal tip 806. NEW! European Law on abusive clauses
Tuesday, July 31, 2012 @ 4:09 PM
Recent Court decission by the Court of Justice of the European Union 14.6.2012 (as. 618/2010) states that, according to provision 6.1 of the Directive 93/13, on abusive clauses, these
" will not be obligatory for the consumer" and that the contract including them
" will still be obligatory in same terms if this can subsist without the abusive clauses"
According to this, national Judges can declare clausesas null and void but they cannot modify, integrate or substitute them.
The contract will be kept without no other modification that the supression of the abusive clause/s, as far as, applying national Law, the contract can subsist without it/them.
This doctrine is clearly applicable for null and void clauses where all paid amounts are kept by developers after breach by Consumers as a penalty in off plan purchases. There is national Law, Law 57/68, which establishes the penalty for breaches in these cases: legal interests: (4-5% yearly).
This is what we have been deffending with more or less results, depending on jurisdictions along these years.
Such an awesome new!
"Playa de Bolonia, Tarifa, Cadiz", Tarifa, Cadiz, South of Spain, by Chodaboy, at flickr.com