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Choice of Law in Consumer Contracts as Unfair Term in the Sense of the Directive 93/13

Author: Laura Maria VAN BOCHOVE et Ekaterina PANNEBAKKER

Type: Article

ref: 52017431-438

N0:5 of 2017

Pages: 431-438

Can a choice of law clause in an international consumer contract be qualified as an unfair term? What law is applicable law to the qualification? In July 2016, the Court of Justice of the European Union (CJEU) ruled on these questions in the case Verein für Konsumenteninformation v Amazon EU Sàrl. What challenges does it create for drafting a choice of law clause? This contribution discusses the relevant private international law questions, their interaction with the Directive 93/13/EEC, and the practical consequences of this case for the drafting of a choice of law provision.