Die Sanktionierung missbräuchlicher Vertragsklauseln sowie die Vertragsrückabwicklung am Beispiel Polens

Abstract

In recent years, the European Court of Justice has often dealt with disputes revolving around the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. This article focuses on controversial questions in the domains of legal doctrine and jurisdiction, in particular in the context of disputes over foreign-currency denominated or foreign-currency indexed loans. It discusses questions revolving around legal bases for reverse transactions following the invalidity of a contract, the lack of legal bases for performing a contract, jurisdiction on the invalidity of a contract in the case of unfair terms, without which the contract cannot be concluded, the extent of reverse transactions, ECJ jurisdiction, the Council Directive’s deterrent effect, the admissibility of substitute types of fulfilling the contract, and consumer claims against financial institutions.