The Study focuses on the influence of national civil procedure on the free circulation of judgments and the application of EU Consumer Law by the courts of EU Member States. The Study has been commissioned by the EU Commission to an international consortium, under the auspices of the Max Planck Institute for Procedural Law (MPI) located in Luxembourg. The concortium involves researchers from the Universities of Florence, Ghent, Heidelberg, Madrid (Complutense), Oxford, Paris (Sorbonne), Rotterdam, Uppsala, Vienna and Warsaw and National Reporters from all EU Member States. National Reporters in every EU Member State have gathered and analysed empirical and legal data, concerning national procedures and practices. Each National Reporter will present a comprehensive Report, based on a uniform template, which will be included in a consolidated Final Report.
The General Report on procedural consumer protection, edited by Prof. Burkhard Hess, comprises five Chapters.
– Chapter 1, authored by Dr. Stephanie Law (Max Planck Institute, Luxembourg), provides an extensive overview of the general structure of procedural consumer protection.
– Chapter 2, authored by Prof. Remo Caponi (University of Florence) and Janek Nowak (Max Planck Institute, Luxembourg) examines the obstacles to access to justice in the area of consumer protection, with a focus on costs and legal aid.
– Chapter 3, co-authored by Prof. Burkhard Hess (Max Planck Institute, Luxembourg) and Prof. Piet Taelman (University of Ghent) provides a comprehensive overview of the framework of national procedures, the role of the parties and judge, and the modification of those procedures in light of the ECJ’s development of an obligation requiring the national courts to examine of its own motion potential non-compliance with consumer protection law.
– Chapter 4, authored by Prof. Stefaan Voet (KU Leuven) deals with the interrelation of actions for individual and collective redress while
– Chapter 5, authored by Prof. Chris Hodges (University of Oxford, Center for Social and Legal Studies) provides a comprehensive overview of key issues of Alternative Dispute Resolution in the field of consumer protection.
- The Report, edited by Prof. Burkhard Hess, comprises five Chapters.
- Chapter 1, authored by Prof. Fernando Gascón Inchausti (Complutense University Madrid) and Prof. Marta Requejo Isidro (Max Planck Institute Luxembourg) provides an extensive overview of the typical development of a cross-border case at the first instance.
- Chapter 2, authored by Prof. Paul Oberhammer and his team (University of Vienna), deals with the scenario of default proceedings and judgments.
- Chapter 3, authored by Prof. Gilles Cuniberti (University of Luxembourg) and Prof. Eva Storskrubb (University of Uppsala) addresses provisional measures.
- Chapter 4, authored by Prof. Christoph Kern (Heidelberg University) and Prof. Karol Weitz (University of Warsaw and Polish Supreme Civil Court) analyses appellate proceedings.
- Chapter 5, authored by Prof. Xandra Kramer (Erasmus University Rotterdam), considers the specific instruments of EU procedural law.