Reference : The ex officio doctrine in European consumer law. A procedural tool reinvigorating in...
Dissertations and theses : Doctoral thesis
Law, criminology & political science : European & international law
Law, criminology & political science : Judicial law
The ex officio doctrine in European consumer law. A procedural tool reinvigorating individual consumer litigation
Beka, Anthi mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
University of Luxembourg, ​Luxembourg, ​​Luxembourg
Docteur en Droit
Poillot, Elise mailto
Neframi, Eleftheria mailto
Skouris, Vassilios mailto
Reich, Norbert mailto
Twigg-Flesner, Christian mailto
Fenrández-Seijo, José-María mailto
[en] effective legal protection of consumer ; court raising pleas of its own motion ; procedural autonomy ; weaker party ; procedural imbalance ; mortgage repossession
[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.
Researchers ; Professionals

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