This new book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation in the UK (up until the drafting of the 2005 Unfair Terms in Contracts Bill).
1. Introduction
2. Directive 93/13 and EC Consumer Law and Policy
A brief outline of Directive 93/13
The EC involvement in consumer policy and the roots of Directive 93/13
The rationale of the directive: the internal market argument
The consumer protection argument
The future of Directive 93/13
3. Unfair Terms Regulation: A Comparative Study
Overview
The rationale of unfair terms control in Italy and England
Implementation of Directive 93/13 in England and in Italy
4. Unfair Terms Control in England and Italy
Formal controls
Substantive controls
Different methods of adjudication
5. Subjective Scope of Application
The consumer in EC law
National traditions
Areas of conflict between the domestic and the European definitions
The business party
6. Application to Public Services
The national traditions
A 'European' approach to public services in Directive 93/13
7. Objective Scope of Application
Individually negotiated terms
'Core' exclusions
Contracts relating to land
8. Formal and Substantive Controls
Formal controls
Substantive controls
Different methods of adjudication
9. Conclusion
Convergence and divergence in the interpretation of Directive 93/13
The European Court of Justice as the engine of European integration?
Paolisa Nebbia is a Fellow and Tutor in Law of St Hilda's College, Oxford.