Post by account_disabled on Dec 4, 2023 16:02:07 GMT -12
And that it is possible that consumers are not aware of the scope of their rights arising from Directive / /EEC or Directive / /EC or do not understand them. Additionally, the Court found that the procedural rules which require the consumer to bring an action within three years from the date on which the unjust enrichment occurred, where such enrichment may occur during the performance of the contract over.
A significant period make it excessively difficult to use rights conferred on consumers by Directive / or by Directive / , thereby violating the principle of effectiveness. The judgment in question concerns photo editing servies system applicable in Slovakia, which provides, among other things, for a three year limitation period, which is counted from the moment of unjust enrichment.
The above position of the CJEU allows us to assume that the limitation period begins from the moment the consumer learns about the unfair contract term. Therefore, the lack of consumer awareness of the use of prohibited clauses by an entrepreneur prevents the limitation period from starting to run against that entrepreneur. The limitation period for claims may occur much later than provided for.
A significant period make it excessively difficult to use rights conferred on consumers by Directive / or by Directive / , thereby violating the principle of effectiveness. The judgment in question concerns photo editing servies system applicable in Slovakia, which provides, among other things, for a three year limitation period, which is counted from the moment of unjust enrichment.
The above position of the CJEU allows us to assume that the limitation period begins from the moment the consumer learns about the unfair contract term. Therefore, the lack of consumer awareness of the use of prohibited clauses by an entrepreneur prevents the limitation period from starting to run against that entrepreneur. The limitation period for claims may occur much later than provided for.