Unfair Terms in Consumer Contracts Directive 1993

The Unfair Terms in Consumer Contracts Directive 93/13/EEC is a European Union directive (issued as a "European Economic Community directive" in 1993) governing the use of unfair or onerous terms used by businesses (referred to as "sellers" or "suppliers") in their contractual dealings with consumers. The directive was amended in 2011 (by Directive 2011/83/EU) and in 2019 (by Directive 2019/2161). Subject to safeguards, a contractual term which has been individually negotiated by the seller and consumer will not be treated as "unfair".

The directive reflects the European Union's desire to establish a single or internal market with progressive harmonisation of laws, so that goods and services, persons and capital can move more freely across the Union, whilst aligning the framework for protecting consumers. The European Court of Justice, in its jurisprudence on cases raising unfair terms issues, has noted that

The directive therefore requires member states to ensure that unfair terms are not binding on consumers.

Unfair terms in consumer contracts are declared void by paragraph 209/A(2) of the Hungarian Civil Code, which also states in paragraph 209(1) that

Paragraph 2(d) of Government Decree 18/1999 (II. 5.) on terms to be considered unfair in consumer contracts, dated 5 February 1999 (Magyar Közlöny 1999/8), states that

In the United Kingdom the Unfair Terms in Consumer Contracts Regulations 1994 and the Unfair Terms in Consumer Contracts Regulations 1999 are UK statutory instruments, which implemented the EU's directive.

• Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083)
• English contract law
• EU law
• OFT v Abbey National plc

• Official text of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts