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Organizações europeias - UNICE - Union of Industrial and Employers' Confederations of Europe

Document Citado por Related
Vincent
Páginas277-281
277
RPDC, Dezembro de 2013, n.º 76
RPDC
Revista Portuguesa
de Direito do Consumo
ORGANIZAÇÕES EUROPEIAS - UNICE - Union of Industrial and
Employers’ Confederations of Europe
UNICE 22.3/3/1
THE COORDINATION OF MEMBER STATES’ LAWS
CONCERNING UNFAIR TERMS
IN CONTRACTS CONCLUDED WITH CONSUMERS
UNICE POSITION
I. THE NEED FOR COORDINATION
1. The need to coordinate national laws in the above area must be assessed in the light
of the objectives which this sort of initiative can realistically be expected to attain.
Coordination in this area could expect to have two basic objectives:
(i) the introduction of legislation protecting consumers in Member States which
do not yet have laws in this regard;
(ii) while pursuing objective (i), the harmonisation of existing national laws so
that protection available to consumers is identical or at least equivalent in all the
Member States.
2. UNICE is not convinced that it is either appropriate or realistic to pursue the
objective indicated in (ii) in the near future, for the following reasons.
General provisions in national law in the light of which a clause in a contract can be
            
which necessarily give the authorities responsible for ruling on possible unfair clauses a
great deal of discretion in assessing cases, have been conceived in the framework of long-

molde def 76 novo.indd 277 28-07-2014 12:46:04

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