Peter Mathews (Dublin South, Fine Gael)
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Question 235: To ask the Minister for Jobs, Enterprise and Innovation if mortgages from local authorities fall under the remit of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995; and if he will make a statement on the matter. [31458/11]

Richard Bruton (Dublin North Central, Fine Gael)
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The European Communities (Unfair Terms in Consumer Contracts) Regulations, which gave effect to the corresponding European Council Directive on Unfair Terms in Consumer Contracts, applies to any term in a contract concluded between a seller of goods or supplier of services and a consumer which has not been individually negotiated. Whilst contracts for financial services such as mortgages may indeed come within the scope of the Regulations, certain terms within such contracts are excluded from the scope of the Regulations. It is ultimately a matter for the courts to determine whether a specific term of a contract is unfair having regard to the features of the contract and the particular provisions of the regulations.