This chapter examines the functions of Article 47 of the Charter in the case law of the CJEU on the UCTD, using the labels and indicators set out in the preceding chapter (section 2.6). The same reference in the same case may have different functions. Therefore, the cases will not be grouped according to function, but according to the core component(s) of Article 47 to which they pertain. The focus will be on four core components in particular: the right of access to court (section 3.2), the right to an effective remedy (section 3.3), the principle of equality of arms (section 3.4) and the right to be heard (section 3.5). Special attention will be paid to the (added) value of Article 47 vis-à-vis the notion of effectiveness. Finally, a summary will be given of the various functions of Article 47 that can be detected in the analysed case law (section 3.6).

FOCUS ON FOUR CORE COMPONENTS OF ARTICLE 47

In this chapter, the CJEU's case law referring to Article 47 of the Charter in the contxt of the UCTD will be analysed. The cases where substantive consideration was given to Article 47 by the Advocate General and/or the CJEU will be discussed by virtue of the core components that they pertain to, as per the table below:

The right to adjudication within a reasonable time and the right to legal aid do not (yet) play separate roles of significance in unfair terms cases. Cases that do not contain a reference to Article 47 will only be discussed where the CJEU itself draws a parallel (for example between Kušionová and Aziz), or where this is necessary to get a better understanding of the analysed case law (for example, Finanmadrid pertains to the same Spanish order for payment procedure as Banesto, and Aqua Med and Baczó boThconcern procedural rules on jurisdiction with a potential deterrent effect on consumers).

The four core components listed above are closely related. In so far as the scope for judicial intervention is excluded or severely limited, the right of access to court, the right to an effective judicial remedy and the rights of defence might all be at stake.