NB: Unofficial translation by Dittmar & Indrenius on 8 December 2022.
(1062/1993, amendments up to 37/2013 included)
Regulation of contract conditions
Section 1
(1) A provision that is unreasonable for the economic operators acting as the other contracting party shall not be used or a practice shall not be applied in contracts between economic operators, taking into account the need for protection due to the weaker position of the economic operators acting as the other contracting party and other relevant factors.
(2) An economic operator may be prohibited from continuing to use or apply a provision contrary to subsection 1 or from renewing the use or practical application of such a provision or an equivalent provision. The prohibition may be reinforced trough a conditional fine, unless it is unnecessary due to special grounds.
(3) The prohibition may, due to special grounds, also be directed for to a person employed by the economic operator referred to in subsection 2, or to another person acting on behalf of the economic operator.
(4) When applying this Act, a contracting entity referred to in section 2 of the Act on the Terms of Payment of Commercial Contracts (30/2013) shall also be considered as an economic operator when it procures goods or services through commercial activities.
Imposition of prohibition
Section 2
(1) The Market Court shall impose the prohibition referred to in section 1. The Market Court may also impose the prohibition as interim, which shall remain in force until the case is finally decided.
(2) Separate provisions on the Market Court and the proceedings shall also be valid.
Entry into force
Section 3
This Act shall enter into force on 1 January 1994.
