Judgment_paragraph 36 · Elisa María Mostaza Claro v Centro Móvil Milenium SL (C-168/05)

36The importance of consumer protection has in particular led the Community legislature to lay down, in Article 6(1) of the Directive, that unfair terms used in a contract concluded with a consumer by a seller or supplier ‘shall … not be binding on the consumer’. This is a mandatory provision which, taking into account the weaker position of one of the parties to the contract, aims to replace the formal balance which the latter establishes between the rights and obligations of the parties with an effective balance which re-establishes equality between them.

Elisa María Mostaza Claro v Centro Móvil Milenium SL (C-168/05)

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