Die AGB-Kontrolle im spanischen und deutschen Zivilprozess

The work analyzes the central question of why the ex officio judicial assessment of unfairness of clauses required under EU law has led to issues in Spain that had no equivalent in German jurisprudence. In connection therewith, the different legal traditions of general terms and conditions in Spain and Germany are examined as well as developments in EU case law and corresponding legislative reactions in Spain. Central aspect of the work is a comparative analysis of the distribution of roles in Spanish and German civil proceedings as well as the examination of procedural peculiarities of specific Spanish civil proceedings and situations, which were subject of the ECJ case law on the ex officio judicial assessment of unfairness of clauses.