Pravna literatura

Unfair Commercial Practices Directive, link

The book outlines the principles and standards of protection from unfair contractual provisions in the decisions of the European Court of Justice. The book is divided into two parts. The first part deals with the European legal sources of protection from unfair contractual terms, the European concept of unfair contractual terms and the implementation of protection against unfair contractual terms. The second part of the book analyses and reviews the practice of the European Court of Justice in the interpretation of Directive 93/13 / EEC and the impact of previous decisions on the development of the national legislation of the Member States. A total of 45 judgments of the European Court of Justice were analyzed and commented on, which were key to the development of the European concept for consumer protection from unfair contractual terms. The aim was to define the basic rules, principles, and standards of protection against unfair contractual terms resulting from the established practice of the European Court of Justice. The analysis specifically covers the specificity of court proceedings where the need to protect against unfair contractual terms arises. The main objective of the research was to determine whether all the principles and standards defined by the European Court of Justice in the Croatian legal system are key to effective protection from unfair contractual terms. Any case that was the cause of the previous question decided by the European Court of Justice and the rules of protection against unfair contractual terms, as defined in the previous decision, were analysed from the point of view of Croatian law and practice of the Croatian courts to assess the level and scope of protection required in such disputes.