mortgage law, property law, EU law, consumer law, housing
Over 25 years ago, the EU legislated against unfair contract terms in consumer contracts, and Ireland
adopted that law. It is now being applied by the CJEU in mortgage enforcement cases, and has become a
significant feature of an active EU consumer policy. National courts must carry out an ‘own motion’ or
‘ex officio’ examination of consumer contracts, in disputes, for any unfair terms. This article considers
the recent varied and somewhat hesitant development of Irish law on this topic.