Member States must notify national measures going beyond the minimum harmonisation of the Directive on Unfair Contract Terms (93/13/EEC).
This table reflects information which the Member States have notified to the Commission under Article 8a of the Directive. It does not represent a complete overview of the national transposition measures for the Directive and can provide only a rough indication of some particularities of the relevant national law.
(Status of 31 May 2019)
| Member State | Notification summary |
|---|---|
| Belgium | National law contains a list of standard contract terms considered unfair in all circumstances (i.e. a black list). |
| Bulgaria | National law contains a list of standard contract terms considered unfair in all circumstances (i.e. a black list). |
| Czechia | National law also covers the unfairness of individually negotiated contract terms, and contains a list of contract terms considered unfair in all circumstances (i.e. a black list). |
| Denmark | National law does not go beyond the minimum standard of the UCTD. |
| Germany | National law contains two black lists of standard contract terms considered unfair. |
| Estonia | National law contains a list of standard contract terms considered unfair in all circumstances (i.e. a black list). |
| Ireland | National law does not go beyond the minimum standard of the UCTD. |
| Greece | National law contains a list of standard contract terms considered unfair in all circumstances (i.e. a black list). |
| Spain | National law has broadened the scope of the unfairness assessment to contract terms relating to the definition of the main subject matter of the contract and to the adequacy of the price or remuneration, regardless of whether such terms are in plain, intelligible language.
National law also contains lists of terms considered unfair in all circumstances (i.e. black lists). |
| France | National law also covers the unfairness of individually negotiated contract terms and contains a list of terms considered unfair in all circumstances (i.e. a black list) and a list of terms considered unfair unless it is proven that they are fair (i.e. a form of grey list). |
| Croatia | National law does not go beyond the minimum standard of the UCTD. |
| Italy | National law contains a list of contract terms considered unfair in all circumstances (i.e. a black list), including where such terms have been negotiated individually, and a list of contract terms which are presumed to be unfair in the absence of proof to the contrary (i.e. a form of grey list). The list has been extended compared to the Annex to the UCTD. |
| Cyprus | National law does not go beyond the minimum standard of the UCTD. |
| Latvia | National law does not go beyond the minimum standard of the UCTD. |
| Lithuania | National law contains no provisions going beyond the minimum standard of the UCTD. |
| Luxembourg | National law has broadened the scope of the unfairness assessment to individually negotiated contract terms and to the main subject matter.
National law contains a black list of contractual terms which are considered unfair in all circumstances (i.e. a black list) which has been extended compared to the UCTD. |
| Hungary | National law contains a list of terms considered unfair in all circumstances (i.e. a black list) and a list of terms considered unfair until the contrary in proven (i.e. a form of grey list). |
| Malta | National law has broadened the scope of the unfairness assessment to individually negotiated contract terms and to the adequacy of the price or remuneration, regardless of whether such terms are in plain, intelligible language.
National law contains a list of standard contract terms that may be unfair which lists some additional terms compared to the Annex to the UCTD. |
| Netherlands | National law contains a list of contract terms considered unfair in all circumstances (i.e. black list) and a list of contract terms which may be considered as unfair (i.e. a form of grey list). The list has been extended compared to the UCTD. |
| Austria | National law contains a black list and a grey list of standard contract terms considered unfair and partially extends the assessment of unfairness to individually negotiated contract terms. |
| Poland | National law contains a list of terms which are considered to be unfair in case of doubt (i.e. a form of grey list) and which goes beyond the Annex to the UCTD. |
| Portugal | National law has broadened the scope of the unfairness assessment to contract terms relating to the definition of the main subject matter of the contract and the adequacy of the price or remuneration, regardless of whether such terms are in plain, intelligible language.
National law contains a list of standard contract terms that are strictly prohibited (i.e. a black list) and a list of contract terms that are prohibited in certain circumstances (i.e. a form of grey list). |
| Romania | National law contains an indicative list of terms considered unfair, which has been extended compared to the Annex to the UCTD. |
| Slovenia | National law extends the unfairness assessment to contract terms relating to the main subject matter of the contract and to the adequacy of the price or remuneration, regardless of whether such terms are in plain, intelligible language. |
| Slovakia | National law contains a black list of contract terms that are unfair in all circumstances. |
| Finland | National law has broadened the scope of the unfairness assessment to individually negotiated contract terms and to the adequacy of the price or remuneration, regardless of whether such terms are in plain, intelligible language. |
| Sweden | National law extends the unfairness assessment to contract terms relating to the definition of the main subject matter of the contract and to the adequacy of the price or remuneration, regardless of whether such terms are in plain, intelligible language, as well as to individually negotiated contract terms. |