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Title
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Towards a new balance between private and public enforcement in EU consumer law
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Author
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Abstract
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| European law is having an increasing impact on private enforcement of consumer law in the Member States. Firstly, the European principles of equivalence and effectiveness acted as levers for the CJEU to strengthen the obligation imposed on national courts to apply European consumer law of their own motion (‘ex officio control’). The scope and content of this evolution in case law also impacts the functioning of public enforcement mechanisms. Secondly, the European threefold obligation that national sanctions have to be effective, proportionate and dissuasive has been further developed by the CJEU, especially in the field of consumer protection. These enforcement principles interplay and have a bearing on both private and public enforcement. Thirdly, the European legislator recently introduced new enforcement mechanisms for consumer law (e.g., Omnibus Directive, Consumer Protection and Cooperation (CPC)-regulation, Directive on representative actions) which show a new emphasis on public enforcement especially in the context of the digitalization of the market. |
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Language
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English
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Source (journal)
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Revue européenne de droit privé. - Dordrecht
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Publication
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Dordrecht
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2024
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ISSN
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0928-9801
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Volume/pages
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32
:1
(2024)
, p. 41-80
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Full text (open access)
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The author-created version that incorporates referee comments and is the accepted for publication version Available from 18.04.2025
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Full text (publisher's version - intranet only)
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