27.9.2008   

EN

Official Journal of the European Union

C 247/2

1.

Can Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) — pursuant to which Member States are to provide that unfair terms used in a contract concluded with a consumer by a seller or supplier shall, as provided for under their national law, not be binding on the consumer — be construed as meaning that the non-binding nature vis-à-vis the consumer of an unfair term introduced by the seller or supplier does not have effect ipso jure but only where the consumer successfully contests the unfair term by lodging the relevant application?

2.

Does the consumer protection provided by Directive 93/13/EEC require the national court of its own motion — irrespective of the type of proceedings in question and of whether or not they are contentious — to determine that the contract before it contains unfair terms, even where no application contesting the unfair nature of the term has been lodged, thereby carrying out, of its own motion, a review of the terms introduced by the seller or supplier in the context of exercising control over its own jurisdiction?

3.

In the event that the second question is answered in the affirmative, what are the factors which the national court must take into account and evaluate in the context of exercising this control?