Extending the effects of the unfair contract terms rules to public contracts produces unwanted side-effects. What is otherwise a level playing field in procurement, gets distorted by rules originally meant to protect consumers. Effectiveness of safeguards surrounding the process of procurement providing for equal opportunities and transparency is adversely affected if the balance of the contract can later significantly shift by applying private law apparatus and removing provisions from the concluded contracts.
Keywords: standard terms; public procurement; procurement contract; public contract; invalidity; transparency; EU law; internal market; contract law; equal treatment; level playing field; consumer law; unfair contract terms