In the Van Hove judgment the Court of Justice gave its opinion on the interpretation of the concept “term relating to the main subject matter of the contract” pursuant to the Unfair Terms Directive. To this end the Court of Justice provided a number of guidelines and also referred to the transparency requirement that remains in full force and effect in respect of terms relating to the main subject matter of the contract. Apart from the transparency requirement there are also other possibilities of assessing terms relating to the main subject matter of the contract.
Journal of European Consumer and Market Law