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Effective Judicial Protection in Consumer Litigation - Article 47 of the EU Charter in Practice (Hardcover)
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Effective Judicial Protection in Consumer Litigation - Article 47 of the EU Charter in Practice (Hardcover)
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In EU consumer law, the rise of Article 47 of the EU Charter of
Fundamental Rights - which guarantees the right to an effective
remedy and a fair trial - over the past decade has coincided with a
wave of crisis-induced litigation. Courts were confronted with
large numbers of cases against overindebted consumers. This has
prompted many questions on the need for effective judicial
protection, for instance in mortgage enforcement and order for
payment procedures. This book provides a unique perspective on the
role of civil courts at the crossroads of EU fundamental rights,
consumer law and access to justice. It examines how the Court of
Justice of the European Union, as well as civil courts in Spain and
the Netherlands, refer to Article 47 in unfair terms cases, where
procedural obstacles and inequalities have become particularly
visible - especially in Spanish case law. The analysis reveals a
divergence between European and national practices and also shows
the potential of Article 47, which is often wrongly equated with
the principle of effectiveness, in consumer litigation. Effective
Judicial Protection in Consumer Litigation makes a vital
contribution to the debate on the functions of Article 47 and
fundamental rights reasoning in European private law adjudication
and is a must read for anyone interested in the application of
Article 47 in judicial decision-making.
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