Naslov
Consumer Protection in Enforcement Proceedings in Light of the Recent CJEU Case Law

Autori
Poretti, Paula

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
South Eastern Europe and the European Union-Legal Aspects

Urednik/ci
SEE I EU Cluster of Excellence in European and International Law

Izdavač
Verlag Alma Mater

Grad
Saarbrücken

Godina
2015

Raspon stranica
171-185

ISBN
3-123-45678-9

Ključne riječi
CJEU, enforcement, consumers, procedural standards

Sažetak
CJEU's recent case law regarding interpretation of Directive 93/13 con-cerning a question whether national procedural law affords effective judicial review of unfair terms in consumer contracts have affected the pro-cedural autonomy of Member States to a considerable degree. In the paper decisions of the CJEU will be used in order to illustrate the development of the interpretation of Directive 93/13 as an instrument which affects not only national substantive law matters related to unfair contract terms but also the adjustment of the national procedural law matters by imposing an obligation of “consumer-oriented interpretation“ of procedural standards. In this sense, the central part of this paper will discuss the judgment of the CJEU in Erste Bank case as well as the opinion of the Advocate General (AG) Szpunar in Finanmadrid case. Having in mind the limit set by the national procedural autonomy in the field of enforcement proceedings, the paper analyzes if and to what extent the CJEU's case law on Directive 93/13 con-tributes to enhancing procedural guarantees to consumers in enforce-ment proceedings which is also laid down in Article 47 of the Charter of Fundamental Rights.

Izvorni jezik
Engleski

POVEZANOST RADA