This commentary conducts a comparison between the recent judgments of the Court of Justice Barclays and LCL Le Crédit Lyonnais, illustrating the critical aspects and the contradiction in the results respectively reached. Barclays, in particular, allows for highlighting the persistence of gaps in the consumer protection system established by European laws; LCL Le Credit Lyonnais, on the other hand, is an example of the increasing incisiveness with which the Court intervenes on individual national legal regulations, continuing the debate on filling the contractual gaps created as an effect of the abrogation of abusive clauses.
Case Barclays and case LCL Crédit Lyonnais : a short comparison which shows the persistent gaps in the consumer protection system
DUVIA, PAOLO
2014-01-01
Abstract
This commentary conducts a comparison between the recent judgments of the Court of Justice Barclays and LCL Le Crédit Lyonnais, illustrating the critical aspects and the contradiction in the results respectively reached. Barclays, in particular, allows for highlighting the persistence of gaps in the consumer protection system established by European laws; LCL Le Credit Lyonnais, on the other hand, is an example of the increasing incisiveness with which the Court intervenes on individual national legal regulations, continuing the debate on filling the contractual gaps created as an effect of the abrogation of abusive clauses.
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