The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation

Beka, Anthi

Reference : The ex officio doctrine in European consumer law. A procedural tool reinvigorating in...


	Document type :	Dissertations and theses : Doctoral thesis
	Discipline(s) :	Law, criminology & political science : European & international law Law, criminology & political science : Judicial law
	To cite this reference:	http://hdl.handle.net/10993/20772

Title :	The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation
Language :	English
Author, co-author :	Beka, Anthi [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Publication date :	4-Mar-2015
Institution :	University of Luxembourg, Luxembourg, Luxembourg
Name of the degree :	Docteur en Droit
Number of pages :	465
Supervisor :	Poillot, Elise
President of the jury :	Neframi, Eleftheria
Member of the jury :	Skouris, Vassilios
	Reich, Norbert
	Twigg-Flesner, Christian
	Fenrández-Seijo, José-María
Keywords :	[en] effective legal protection of consumer ; court raising pleas of its own motion ; procedural autonomy ; weaker party ; procedural imbalance ; mortgage repossession
Abstract :	[en] The thesis delves into the theoretical underpinnings of the establishment of the powers of national courts to raise pleas of Union consumer law of their own motion and examines the novel dimensions this opens for individual consumer litigation. In an extensive line of case-law the Court of Justice has built the principle of an active court in individual consumer litigation around the concepts of effectiveness of mandatory rules of consumer law and weaker party protection. Such understanding of judicial powers has been formulated, in certain circumstances, independently from the respective national procedural rules. The thesis analyses the question in terms of a Union consumer ex officio doctrine, presents its implications from a civil justice perspective and its important contribution for the effective judicial protection of consumers and Union citizens.
Target :	Researchers ; Professionals
Permalink :	http://hdl.handle.net/10993/20772

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