Non-compliance with Directive 93/13/EEC

Question for written answer  E-001992/2021
to the Commission
Rule 138
Giorgos Georgiou (The Left)

The omnibus bill submitted by the Government of the Republic of Cyprus to the Cypriot Parliament on unfair terms in contracts falls seriously short of compliance with Council Directive 93/13/EEC.

While Article 63 of the bill allows the court to impose remedial measures for breaches of the law in the form of compensation or price reductions for the product or services concerned, it does not provide for the straightforward annulment of unfair contractual terms in line with CJEU judgments.

In the light of the above:

• 1.Does the Commission agree that this incomplete provision constitutes an ongoing failure to implement EU law and an infringement of Directive 93/13/EEC under the case-law established by the EU Court of Justice?
• 2.What steps does it intend to take to ensure that an unfair term in a contract can be simply removed, as required by the judgments of the Court of Justice of the EU?
• 3.What action does it intend to take to ensure that the decisions of the Consumer Protection Service are binding?