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COUNCILDIRECTIVE9313EECof5April1993COUNCIL

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COUNCIL DIRECTIVE 93/13/EECof 5 April 1993on u nfair terms in consu mer contractsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particularArticle 100 A thereof,Having regard to the proposal from the Commission (1),In cooperation with the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas it is necessary to adopt measures with the aim of progressively establishing the internalmarket before 31 December 1992; whereas the internal market comprises an area withoutinternal frontiers in which goods, persons, services and capital move freely;Whereas the laws of Member States relating to the terms of contract between the seller of goodsor supplier of services, on the one hand, and the consumer of them, on the other hand, showmany disparities, with the result that the national markets for the sale of goods and services toconsumers differ from each other and that distortions of competition may arise amongst thesellers and suppliers, notably when they sell and supply in other Member States;Whereas, in particular, the laws of Member States relating to unfair terms in consumer contractsshow marked divergences;Whereas it is the responsibility of the Member States to ensure that contracts concluded withconsumers do not contain unfair terms;Whereas, generally speaking, consumers do not know the rules of law which, in Member Statesother than their own, govern contracts for the sale of goods or services; whereas this lack ofawareness may deter them from direct transactions for the purchase of goods or services inanother Member State;Whereas, in order to facilitate the establishment of the internal market ...

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