Zustimmungsfiktionsklauseln: Das nächste Kapitel

Abstract

Should the European Court of Justice follow his Advocate General‘ s opinion, the Austrian Supreme Court’s case-law on silent consent clauses could be contrary to Union Law and, more specifically, contrary to PSD II. At the same time, such a decision could tighten the legal situation: Silent consent of the consumer might no longer suffice to alter essentialia negotii. In combination with the Austrian Supreme Court’s case-law, according to which PSD II disallows escalation clauses for fees, entirely new approaches would need to be taken in order to change fees in mass business.