Cofidis SA v Jean-Louis Fredout.

• Jurisdiction: European Union
• Celex Number: 62000CJ0473
• ECLI: ECLI:EU:C:2002:705
• Docket Number: C-473/00
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 21 November 2002

Avis juridique important

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62000J0473

Judgment of the Court (Fifth Chamber) of 21 November 2002. - Cofidis SA v Jean-Louis Fredout. - Reference for a preliminary ruling: Tribunal d'instance de Vienne - France. - Directive 93/13/EEC - Unfair terms in consumer contracts - Action brought by a seller or supplier - National provision prohibiting the national court from finding a term unfair, of its own motion or following a plea raised by the consumer, after the expiry of a limitation period. - Case C-473/00.

European Court reports 2002 Page I-10875

Parties
Grounds
Decision on costs
Operative part

Parties

In Case C-473/00,

REFERENCE to the Court under Article 234 EC by the Tribunal d'instance de Vienne (France) for a preliminary ruling in the proceedings pending before that court between

Cofidis SA

and

Jean-Louis Fredout,

on the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29),

THE COURT

(Fifth Chamber),

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La Pergola and P. Jann (Rapporteur), Judges,

Advocate General: A. Tizzano,

Registrar: L. Hewlett, Principal Administrator,

after considering the written observations submitted on behalf of:

- Cofidis SA, by B. Célice, avocat,

- the French Government, by G. de Bergues and R. Loosli-Surrans, acting as Agents,

- the Austrian Government, by H. Dossi, acting as Agent,

- the Commission of the European Communities, by D. Martin and M. França, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Cofidis SA, represented by B. Soltner, avocat; Mr Fredout, represented by J. Franck, avocat; the French Government, represented by R. Loosli-Surrans; and the Commission, represented by M. França, at the hearing on 17 January 2002,

after hearing the Opinion of the Advocate General at the sitting on 18 April 2002,

gives the following

Judgment

Grounds

1 By judgment of 15 December 2000, rectified by judgment of 26 January 2001, received at the Court on 27 December 2000 and 29 January 2001 respectively, the Tribunal d'instance de Vienne (District Court, Vienne) referred to the Court for a preliminary ruling under Article 234 EC a question on the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29, `the Directive').

2 That question was raised in proceedings between Cofidis SA, a company incorporated under French law, and Mr Fredout concerning the payment of sums due under a credit contract concluded between them.

Legal background

Community legislation

3 According to Article 1 of the Directive:

`1. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to unfair terms in contracts concluded between a seller or supplier and a consumer.

2. The contractual terms which reflect mandatory statutory or regulatory provisions ... shall not be subject to the provisions of this Directive.'

4 Article 3(1) of the Directive provides:

`A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.'

5 Article 4 of the Directive defines how the unfair nature of a term is to be assessed. Article 4(2) provides:

`Assessment of the unfair nature of the terms shall relate neither to the definition of the main subject matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplies in exchange, on the other, in so far as these terms are in plain intelligible language.'

6 Under Article 6(1) of the Directive:

`Member States shall lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier shall, as provided for under their national law, not be binding on the consumer and that the contract shall continue to bind the parties upon those terms if it is capable of continuing in existence without the unfair terms.'

7 Under Article 7(1) of the Directive:

`Member States shall ensure that, in the interests of consumers and of competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers.'

National legislation

8 The provisions on unfair terms are in Book I (`Information for consumers and formation of contracts'), Title III (`General conditions of contracts'), Chapter 2 (`Unfair terms'), of the Code de la...