Unfair clause in air transport contract and ex officio detection

Journal title RIVISTA ITALIANA DI DIRITTO DEL TURISMO
Author/s Gloria Giorgi
Publishing Year 2025 Issue 2025/46
Language Italian Pages 13 P. 122-134 File size 232 KB
DOI 10.3280/DT2025-046006
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The Court of Justice of the European Union has ruled on the possibility for the judge seized of the case to raise the objection of the unfairness of a clause in a contract stipulated between a business and a consumer, as defined by Article 6, paragraph 1, of Directive 93/13, and on the concrete applicability of that directive also to the assignee of the compensation claim who does not qualify as a consumer.

Gloria Giorgi, Abusività della clausola contenuta nel contratto di trasporto aereo e rilevabilità d’ufficio in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 46/2025, pp 122-134, DOI: 10.3280/DT2025-046006