Doctrine of the 'Active Consumer Court'
Subtitle: A Study on Consumer Judicial Protection and the Powers of the Courts to Raise Pleas of Union Law of Their Own Motion
Publisher: Intersentia Limited
Published: 2018
Language: eng
Number of pages: 375
ISBN-13: 9781780686172
Description: "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.0According 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.0The 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."--Back cover.