European Court of Justice says there is a duty to consider the cumulative effect of all terms

On 10 September 2020, the European Court of Justice gave judgment in A (Sous-location d’un logement social) (Case C-738/19) EU:C:2020:687. The issue before the ECJ was whether the Court must, under the Unfair Contract Terms Directive, consider only the unfairness of clauses relating to those challenged by the consumer, or the cumulative effect of all terms. In a perhaps unsurprising decision, the ECJ decided the Court’s duty is to consider the cumulative effect of all terms.