C-211/17SC Topaz Development SRL v Constantin Juncu and Raisa Juncu, née Cernica

Domstolens egne nøkkelord

Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Promissory contract for sale and purchase drafted by the property developer and certified by a notary — Article 3(2) and Article 4(1) — Proof of the negotiated nature of the terms — Presumption — Consumer’s signature of the contract — Article 3(3) — Paragraph 1(d) to (f) and (i) of the Annex — Express forfeiture clause — Penalty clause — Unfairness — Articles 6 and 7 — Possibility for the national court to vary the term found to be unfair.

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