Law no. 32/2021 of May 27 establishes limitations on the wording of general contractual terms (CCG) and provides for the creation of a system for the control and prevention of unfair clauses, effective as of August 25.
As of this date, general contractual terms drafted in a font size smaller than 11 or 2.5 millimeters, with line spacing of less than 1.15, will be considered strictly forbidden in relations with final consumers.
As far as the nullity of the CCG is concerned, standard contract terms which are prohibited by the CCG regime are invalid by their terms. The general principle is that the CCG contrary to good faith is prohibited; the basic values of law relevant to the situation under analysis shall be weighed, in particular the trust aroused in the parties by the overall meaning of the clauses in question, the process of formation of the single contract concluded, its content and other relevant elements, as well as the objective that the parties seek to achieve by negotiating, looking for its fulfillment according to the contract used.
The action seeking to obtain an order to abstain from using or recommending a CCG may be filed by representative consumer protection associations, by legally constituted unions, professional or economic interest associations, or by the Public Prosecutor’s Office (by indication of the Ombudsman or at the request of any interested party).
The use of clauses prohibited by injunction (definitive prohibition by final and conclusive decision) has a compulsory monetary penalty of up to €4,987.98 for each breach. As for the contracts in which they are inserted, the individual contracts are upheld, and the supplementary rules applicable in the affected part are in force, with recourse, if necessary, to the rules of incorporation of legal transactions. The contracts will be considered null when, notwithstanding the use of these elements, essential aspects are undetermined and cannot be rectified, or when the services provided are unbalanced in a way that seriously violates good faith.
CCGs drawn up for future use, which contradict all the prohibitions of the CCG regime, may be forbidden by a court decision, regardless of their inclusion in individual contracts.