42In fact, the Court has required, on the basis of the principle of effectiveness and notwithstanding rules of domestic law to the contrary, the national court to apply of its own motion certain provisions contained in European Union directives on consumer protection. That requirement has been justified by the consideration that the system of protection introduced by those directives is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge and that there is a real risk that the consumer, particularly because of a lack of awareness, will not rely on the legal rule that is intended to protect him (see, to that effect, as regards Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29), judgment in Mostaza Claro, C‑168/05, EU:C:2006:675, paragraph 28 and the case-law cited, and, as regards Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ 1987 L 42, p. 48), judgment in Rampion and Godard, C‑429/05, EU:C:2007:575, paragraph 65).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.