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The Active Role of Courts in Consumer Litigation

The Active Role of Courts in Consumer Litigation

Author: Anthi; Beka
Publisher: Intersentia Publishers
ISBN: 9781780686172
Published In: September 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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