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ECJ rules on whether res judicata principle can prevent court assessing fairness of consumer terms

Practical Law UK Legal Update Case Report w-005-6566 (Approx. 6 pages)

ECJ rules on whether res judicata principle can prevent court assessing fairness of consumer terms

by Practical Law Commercial
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The ECJ has ruled that where a court has assessed the fairness of a term in a consumer contract and the issue is res judicata, the court is not precluded from reviewing other terms of the same contract for fairness. (Banco Primus SA v Jesús Gutiérrez García (Case C-421/14) [2017] ECLI:EU:C:2017:60)

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Published on 02-Feb-2017
Resource Type Legal update: case report
Jurisdictions
  • European Union
  • United Kingdom
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