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. 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 has been 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. The second part presents the effects of the unlawful nature of contractual provisions (no binding force of an impermissible contractual provision and possible invalidity of the contract, restitution effect, prohibition of changing or supplementing an impermissible contractual provision, procedural consequences), prerequisites for excluding protection under Directive 93/13 and prescription of claims under Directive 93/13.