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The Active Role of Courts in Consumer Litigation


ISBN13: 9781780686172
Published: September 2018
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £85.00



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The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection.

According to the ‘active consumer court’ doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor.

The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party.

Subjects:
Consumer Law
Contents:
Introduction
Part I. The Doctrine of the Active Consumer Court in Context
Chapter 1. Setting the Scene - Europeanization of Consumer Procedural Law and Judicial Protection of Human Rights
Chapter 2. The General Rule on the Application of Union Law by National Courts of their own Motion
Chapter 3. National Perspectives on the Application of Union Law by National Courts of their own Motion
Part II. The Emergence and Distinctive Features of the Active Consumer Court Doctrine
Chapter 4. The Establishment, Refinement and Consequences of the Application of the Active Consumer Court Doctrine
Chapter 5. The Impact of the Active Consumer Court Doctrine in Specific Proceedings
Chapter 6. The Influence and Effectiveness of the Active Consumer Court Doctrine on National Legal Systems