Unfair Contract Terms - Effect of Collective Proceedings - C-472-10, Invitel

Abstract

This case note analyses the Invitel case, referred to the CJEU by the Hungarian Pest Megyei Bíróság, via the preliminary reference procedure, and places Invitel within the context of a line of recent CJEU jurisprudence concerning the assessment of contractual terms as to their unfairness and the interpretation of the provisions of the UCTD, where the main proceedings are brought not by an individual but in the public interest by a public, consumer protection body. The case note analyses certain dimensions of the case, including the relationship between the finding of invalidity and availability of an injunction, and the compatibility of a national system of collective effects with the UCTD, within the broader context of the effective judicial protection and enforcement of consumer rights.

Keywords: Unfair Contract Terms, Consumer Protection, Collective Proceedings