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Le Contrôle Des Conditions Générales: L'Envol Manqué Du Phénix, Nicolas Pierre Marie Kuonen
Le Contrôle Des Conditions Générales: L'Envol Manqué Du Phénix, Nicolas Pierre Marie Kuonen
Nicolas Kuonen
This article presents and discusses the new fairness test for Standard Terms & Conditions ("ST&C") which has recently been introduced in Switzerland (the new art. 8 of the Swiss Federal Act against Unfair Competition). This article's first aim is to provide some guidelines for the understanding of that test. It second aim is to explain why, although it was supposed to strongly impact ST&C used in Switzerland, it has failed to change anything to date.