Abstract

Impermissible contractual provisions is a structure currently very often used in jurisprudence. It seems to be a highly effective structure, which is due to the open and flexible nature of the premises for determining whether a contractual provision is impermissible or is a complex sanction mechanism related to abusive clauses. However, the institutional factor is also hard to be overestimated, i.e. the fact that the shape of unlawful contractual provisions is significantly formed in the case law of the CJEU. The Court not only sets out the directions for interpreting the provisions of Directive 93/13 in a manner binding for national courts, but also makes the most effective use of interpretation instruments that achieve the objectives of Directive 93/13. Hence, the publication presents the latest case law of the CJEU regarding Directive 93/13, as a time caesura, adopting the judgment of the Court of Justice of 3 October 2019 (C-260/18). This article is divided into two parts. The first one presents introductory issues, the scope of application of Directive 93/13 and the prerequisites for determining the unlawful nature of a contractual provision.