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Nemzeti Fogyastóvédelmi Hatóság
v Invrtel Távközlési Zrt, C-472/10
This case concerned a term as to fees in a consumer contract
that was unilaterally varied by a Hungarian telephone company.
Certain questions over the fairness of the term under the Unfair
Terms Directive were referred to the ECJ.
The ECJ made certain rulings, one of which was that, where
mandatory statutory regulatory provisions affect the supplier's
price variation rights, or provide the consumer with the right to
terminate the contract, the consumer must be informed of those
provisions by the supplier.
Comment
Mandatory terms imposed by law are outside the Unfair Contract
Terms Directive, but the ECJ has said that certain of them at least
(supplier's right to vary prices and consumer's right to
terminate) must nonetheless be notified to the consumer, and
therefore be set out in plain, intelligible language. This is
consistent with the OFT's interpretation of the Directive. It
is not clear, but still possible, that this requirement to notify
in clear language extends to, e.g. the Sale of Goods Act
warranties.
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