In the Name of Effective Consumer Protection and Public Policy!

Publikation: Forskning - peer reviewTidsskriftartikel

Abstrakt

I. The CJEU has established that under certain circumstances national courts have an obligation, ex officio, to apply specific consumer protection provisions. This article presents a model derived from the argumentation for this obligation in CJEU case law. The model consists of four steps that include the specific ideas behind consumer protection provisions as well as the interaction between the principle of effectiveness and principle of equivalence. It is found that the principle of effectiveness is stretched very long and is often not set aside by the “rule of reason”. It is also found that the CJEU is open to the idea of regarding consumer protection provisions as (EU) public policy rules which seems to challenge the traditional principle of equivalence. Based on the findings, the author elaborates on the concept of an European public policy doctrine.
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Detaljer

Bidragets oversatte titelI forbrugerbeskyttelseseffektivitetens og public policy's navn
I. The CJEU has established that under certain circumstances national courts have an obligation, ex officio, to apply specific consumer protection provisions. This article presents a model derived from the argumentation for this obligation in CJEU case law. The model consists of four steps that include the specific ideas behind consumer protection provisions as well as the interaction between the principle of effectiveness and principle of equivalence. It is found that the principle of effectiveness is stretched very long and is often not set aside by the “rule of reason”. It is also found that the CJEU is open to the idea of regarding consumer protection provisions as (EU) public policy rules which seems to challenge the traditional principle of equivalence. Based on the findings, the author elaborates on the concept of an European public policy doctrine.
OriginalsprogEngelsk
TidsskriftEuropean Review of Private Law
Vol/bind24
Tidsskriftsnummer5
Sider (fra-til)791-822
Antal sider31
ISSN0928-9801
StatusUdgivet - 31 dec. 2016

    Emneord

  • EU consumer law, EU law, Forbrugerret
ID: 234270838