Massimo Basile’s research while affiliated with University of Messina and other places

The author expresses some reservations on the judgments of the Court of Justice of the European Union of April the second 2020 concerning Directive 1993/13, regarding legitimacy of the contract terms concluded with consumers. The author criticizes the judgment which states that the Directive is inapplicable to contracts concluded with a commonhold association, though it finds the Italian jurisprudence legitimate, which instead protects consumers in the case of non-legitimate clauses inserted in contracts concluded by administrators of commonhold associations. Moreover, the author notes the misalignment of the judgment on April the second 2020 with another judgment of fifth December 2019. In the latter judgment, the Court of Justice acknowledged that the laws set to protect end users of electric energy can be applied in favour of the owners of a building, in whose interest the commonhold association have concluded a contract for the supply of electric energy.