By a technically contestable shortcut, the first civil chamber of the Court of Cassation suggests that the clauses illicit should be automatically described as unfair. This solution does not coincide with the case law of the ECJ, which requires a detailed assessment of the unfairness. There is reason to believe that such a judgment represents a call to the legislator.
HELLERINGER, G. (2017). Extension du relevé d’office des clauses abusives aux clauses illicites. Revue Trimestrielle de Droit Europeen, 2017(3), pp. 336-343.