“The Court of Justice of the European Union (‘CJEU’) got it fundamentally wrong in Dziubak. The answers given to the referring judge are based on reasoning that is perplexing, to say the least. Moreover, they lower the level of consumer protection within the European Union. Together, these two claims justify giving careful consideration to the discomforting thought that the CJEU violated the Charter of the Fundamental Rights of the European Union …”
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Fabrizio Esposito, Dziubak is a Fundamentally Wrong Decision: Superficial Reasoning, Disrespectful of National Courts, Lowers the Level of Consumer Protection, European Review of Contract Law volume 16 issue 4 (2020). DOI: https://doi.org/10.1515/ercl-2020-0030. Published online: 4 December 2020.
First posted 2020-12-17 18:58:38
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