ABSTRACT
Cross-border consumer transactions are essential to the functioning of the European Single Market. Yet, despite decades of European integration, consumers and businesses continue to face legal uncertainty arising from the coexistence of multiple national legal systems. Uncertainty regarding the applicable law, jurisdiction, and the enforcement of rights may discourage cross-border contracting and thereby undermine the economic benefits of market integration.
This chapter examines the legal framework that the European Union has developed to address these challenges and to promote consumer confidence in cross-border transactions. It analyses four key dimensions of European consumer protection: the determination of the applicable law, jurisdictional rules, mechanisms for the cross-border enforcement of claims, and alternative dispute resolution. Particular attention is paid to the consumer-protective architecture of the Rome I Regulation and the Brussels Ia Regulation, as well as to European instruments such as the European Small Claims Procedure, the European Payment Order Procedure, and the Consumer ADR framework.
The chapter argues that European law grants consumers a series of far-reaching privileges, notably access to the law and courts of their home state and simplified mechanisms for the enforcement and settlement of claims. These measures have significantly reduced some of the legal barriers traditionally associated with cross-border consumer contracts. However, empirical evidence suggests that consumer trust in cross-border trade remains limited. The chapter identifies several reasons for this outcome, including regulatory complexity, inconsistencies between different legal instruments, limited awareness of existing rights and remedies, and the practical shortcomings of enforcement mechanisms.
It concludes that while the European Union has made substantial progress in facilitating cross-border consumer contracting, further reforms – particularly in the areas of simplification, digitalisation, and the balancing of consumer and business interests – are necessary to realize the full potential of the European Single Market.
Ruhl, Giesela, Cross-border Consumer Protection (May 30, 2026).
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