Is unfairness, like beauty, foremost in the eyes of the beholder('s Member State)?
Yesterday, the Court of Justice has decides a seemingly obvious case the systematic implications of which may be a bit more serious than they seem at first glance. In First Bank SA , the Court was asked to interpret the scope of application of Directive 93/13, in particular to the extent that its Article 1(2) declares that
This is a more radical exclusion than the one dictated by Article 4 for core terms, which was inserted at a relatively late stage in the legislative process and in any event requires terms to be drafted in plain and intelligible language, in accordance with the same Directive's Article 5.