Paolisa NebbiaUnfair Contract Terms in European Law
A Study in Comparative and EC Law
1. Introduction 2. Directive 93/13 and EC Consumer Law and Policy A brief
outline of Directive 93/13 The EC involvement in consumer policy and the
roots of Directive 93/13 The rationale of the directive: the internal
market argument The consumer protection argument The future of Directive
93/13 3. Unfair Terms Regulation: A Comparative Study Overview The
rationale of unfair terms control in Italy and England Implementation of
Directive 93/13 in England and in Italy 4. Unfair Terms Control in England
and Italy Formal controls Substantive controls Different methods of
adjudication 5. Subjective Scope of Application The consumer in EC law
National traditions Areas of conflict between the domestic and the European
definitions The business party 6. Application to Public Services The
national traditions A 'European' approach to public services in Directive
93/13 7. Objective Scope of Application Individually negotiated terms
'Core' exclusions Contracts relating to land 8. Formal and Substantive
Controls Formal controls Substantive controls Different methods of
adjudication 9. Conclusion Convergence and divergence in the interpretation
of Directive 93/13 The European Court of Justice as the engine of European
integration?
