The double-headed approach of the ECJ concerning consumer protection

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Series Details Vol.44, No.5, October 2007, p1237–1284
Publication Date October 2007
ISSN 0165-0750
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Publishers Abstract:
The extent to which consumers are to be 'protected' is part of the larger debate on how interventionist States ought to be. Whatever background views on political theory one may hold, in the EU of today it seems clear that fears that consumers, as the largest group in the economy, are 'not heard' are unwarranted. Understanding the interrelation between consumer policy and the internal market is a central aim of this paper. Moreover, on the whole the Court has been at pains to grant the consumer protection directives a wide scope of application and — crucially — to give its provisions the most interventionist reading. This paper has not attempted to provide a solution for this unresolved issue but this paper has sought to reveal the policy implications in the case law of the Court which must surely form the basis of any future attempts to develop a more uniform approach.

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