ПРАКТИКАТА НА НАЦИОНАЛНИТЕ СЪДИЛИЩА В МАТЕРИЯТА НА ЗАЩИТА НА ПОТРЕБИТЕЛЯ
THE PRACTICE OF NATIONAL COURTS IN CONSUMER PROTECTION

Summary/Abstract: This report addresses issues related to the case law of Bulgarian courts with regard to consumer disputes, as well as the scope of Council Directive 93/13 / EEC of 5 April 1993. on unfair terms in consumer contracts. According to established European practice, national courts should monitor ex officio the existence of unfair terms in consumer contracts with regard to individuals. This obligation of the court was also institutionalized in the amendments to the Code of Civil Procedure from the end of 2019, even with regard to unilateral proceedings that lead to the issuance of a title for execution (such as the procedure for issuing an order for immediate execution), namely in line with the new case law of the Court of Justice of the European Union. This report addresses issues related to the legal dimension and the court's assessment of whether a clause in a consumer contract should be treated as unfair under our domestic and Union law.

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