- Author
- Wannes Vandenbussche (UGent) and Piet Taelman (UGent)
- Organization
- 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.
- Keywords
- consumer procedural law, consumer ADR, individual consumer litigation
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01J5XTVJEAE46YCC75W0CY48HH
- MLA
- Vandenbussche, Wannes, and Piet Taelman. “Consumer Protection Proceedings.” Comparative Procedural Law and Justice (Part XII Chapter 6), edited by Burkhard Hess et al., 2024.
- APA
- Vandenbussche, W., & Taelman, P. (2024). Consumer protection proceedings. In B. Hess, M. Woo, L. Cadiet, S. Menétrey, & E. Vallines (Eds.), Comparative procedural law and justice (part XII chapter 6).
- Chicago author-date
- Vandenbussche, Wannes, and Piet Taelman. 2024. “Consumer Protection Proceedings.” In Comparative Procedural Law and Justice (Part XII Chapter 6), edited by Burkhard Hess, Margaret Woo, Loic Cadiet, Séverine Menétrey, and Enrique Vallines.
- Chicago author-date (all authors)
- Vandenbussche, Wannes, and Piet Taelman. 2024. “Consumer Protection Proceedings.” In Comparative Procedural Law and Justice (Part XII Chapter 6), ed by. Burkhard Hess, Margaret Woo, Loic Cadiet, Séverine Menétrey, and Enrique Vallines.
- Vancouver
- 1.Vandenbussche W, Taelman P. Consumer protection proceedings. In: Hess B, Woo M, Cadiet L, Menétrey S, Vallines E, editors. Comparative procedural law and justice (part XII chapter 6). 2024.
- IEEE
- [1]W. Vandenbussche and P. Taelman, “Consumer protection proceedings,” in Comparative procedural law and justice (part XII chapter 6), B. Hess, M. Woo, L. Cadiet, S. Menétrey, and E. Vallines, Eds. 2024.
@incollection{01J5XTVJEAE46YCC75W0CY48HH,
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.}},
author = {{Vandenbussche, Wannes and Taelman, Piet}},
booktitle = {{Comparative procedural law and justice (part XII chapter 6)}},
editor = {{Hess, Burkhard and Woo, Margaret and Cadiet, Loic and Menétrey, Séverine and Vallines, Enrique}},
keywords = {{consumer procedural law,consumer ADR,individual consumer litigation}},
language = {{eng}},
pages = {{143}},
title = {{Consumer protection proceedings}},
url = {{https://www.cplj.org/publications/12-6-consumer-protection-proceedings}},
year = {{2024}},
}