Consumer protection in transnational relations: The contribution of the EU

Abstract

Up to now, it has not yet been possible to build a universal normative body under contract law, each state having its own. The plurality of existing regulations often creates legal uncertainty, undermining the legitimate expectations of the parties. To minimize these problems the Rome I Regulation on the law applicable to contractual obligations provides that the law applicable to headquarters of international contracts. It enshrines the principle of the autonomy of the will of the parties, seeking that the solution be the same in all EU Member States. That legal text also indicates, by contract categories, which law is applicable in the event of lack of choice. The EU was aware of certain categories of contracts, in particular the consumer contract, for which it chose a special scheme. Our approach will directed to the rules applicable to consumer contracts. We will highlight the need to protect the weaker party, taking into account the principle of more favorable treatment. The EU has continued to devote also to those contracts the possibility of the parties to choose the applicable law, but respecting some limits. We will review the European literature on the subject and try to interpret the law by highlighting its shortcomings, with reference to some jurisprudence of the CJEU. The Rome I Regulation on consumer contract seat establishes a minimum status, the application of the law of the consumer's habitual residence, imposing certain conditions. However, the legal system does not cover all consumers. We will try to show which consumers can invoke this law. Regulation protects only passive consumers, those for whom the trader directed its activity, does not apply to active consumers, moving to another state and then acquire products or services to a professional.