Abstract
The subject of the article is the status of contractual freedom under the Charter of Fundamental Rights of the European Union. The contribution fits into the wider context of the constitutionalization of private law, which is well researched in both foreign and Czech literature.
The constitutionalization of private law is also linked to its Europeanisation. The impact of the EU Charter of Fundamental Rights on private law is far from being clear.
For the purpose of this study, we will focus on the problem of constitutionalization and Europeanization of private law in the light of contractual freedom. We introduce a concrete case decided by the Court of Justice of the EU to demonstrate the problem of interconnecting the sphere of EU fundamental rights protection with the sphere of national private law.