Die europäische AGB-Kontrolle

The study gives an overview of the European legal acquis on standard contract terms‘ regulation and remaining deficits. It is suggested that the dual aim of the Unfair Terms Directive – securing a high level of consumer protection as well as enabling sellers to use one set of standard terms throughout the Common Market – has not (yet) been achieved. One reason for the rather low degree of harmonization is seen in the reliance on general clauses for the unfairness test. Enforcement gaps persist, particularly in cross-border trade. The study gives a structured account of the nuanced CJEU jurisprudence and analyses alternative regulatory approaches. Proposals for a more effective control of standard terms are derived, such as drafting model standard terms, setting up sectoral expert groups, codifying a black list of prohibited terms, and developing European guidelines on “fair” standard terms.