Accordingly, courts are now able to judge general terms and conditions with much greater discretion and adequately consider the element of good faith. Art. 8 rev. UWG is not applicable to B2B transactions anymore and small to midsized companies fall out of the scope of protection. Consumer protection organizations are entitled to have general terms and conditions reviewed by a judge irrespective of an individual consumer filing a claim. In the light of these changes, companies dealing with consumers may review their general terms and conditions to ensure their compliance with the revised Art. 8 UWG.
German and French versions of the publication entitled "Chancen und Risiken rechtlicher Neuerungen 2011/12" may be ordered from Schulthess Verlag.
Article in German
