Grijze lijst

The grey list sets out contractual terms that are in principle regarded as unreasonably onerous, unless the user of the general terms and conditions proves that the term is nevertheless reasonable in the circumstances. This list supplements the black list in Article 6:236 of the Dutch Civil Code and is of particular relevance when assessing general terms and conditions in consumer contracts and contracts with small businesses.

In practice, the grey list is frequently invoked in disputes concerning penalty clauses, exclusions of liability or unilateral rights of amendment. A counterparty relying on the list enjoys a strong position, as the burden of proof is reversed. Courts treat the list as an important interpretive framework when applying the reasonableness test under Article 6:233 of the Dutch Civil Code.