ABSTRACT
This chapter describes and analyses, from a comparative perspective, the status of consumer protection proceedings as a specific subject within procedural law, driven by the need to address the power imbalance between consumers and businesses and the objective of ensuring effective enforcement of consumer rights. It covers both individual and collective litigation, the role of private and public enforcement and the development of consumer ADR. Across legal systems worldwide, there are unique procedural rules designed to protect consumers. These include territorial jurisdiction favoring the consumer’s domicile, shifts in the burden of proof, and exemptions from court costs for consumers. Additionally, courts exercise their discretionary powers to achieve the same goal, as seen in the ex officio application of consumer rights. Furthermore, It is shown that the procedural regime of consumer law differs from that of other areas of law regarding collective redress, enforcement by public authorities and ADR.
The chapter makes part of the segment on special subject matters of the CPLJ-project, an international project consisting of over 100 participants from 37 jurisdictions, whose results are compiled in a multi-volume open access publication.
Vandenbussche, Wannes and Taelman, Piet, Consumer Protection Proceedings (August 21, 2024).
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