Abstract

The article focuses on the relationship between national and EU regulations regarding consumer protection in the event of a claim under a bill of exchange in civil proceedings. If a bill of exchange is attached to the suit and if an order for payment is applied for under the writ of payment procedure, basing on national regulations, the court cannot take into account the basic relationship ex officio – without an objection raised by the defendant – and conclude that unfair terms do not bind the consumer. On the other hand, EU law requires the national court to assess ex officio the unfair nature of a given contractual term in order to ensure that the consumer is not bound by it in the dispute with the trader. Therefore, there is a contradiction between national law and EU norms. The article attempts to answer the question whether it is possible to examine ex officio the basic relationship if a properly drafted bill of exchange has been attached to the suit.