Consumer contracs in the European Court of Justice Case Law. Latest trends=Los contratos de consumo en la jurisprudencia del TJUE. Últimas tendencias Articles uri icon

publication date

  • March 2020

start page

  • 86

end page

  • 96

issue

  • 1

volume

  • 12

International Standard Serial Number (ISSN)

  • 1989-4570

Electronic International Standard Serial Number (EISSN)

  • 1989-4570

abstract

  • The concept of "consumer" is, in theory, a restrictive concept. However, the ECJ has now extended it to cases in which a private individual has gone on to practice as a professional in an manifest, public and conspicuous manner. Judgment ECJ 25 January 2018, C-498/16, Facebook proves it. In relation to consumers of financial products, the ECJ skillfully pulls strings in the context of art. 7.2 BR I-bis; however, that norm is totally insensitive with regards to the consumer. The future is stepping forward towards online mass consumption, and in the present virtual social landscape it is necessary for the ECJ to open up new ways of protecting the consumer that keep up with times. In this context, it is necessary that future amendments to the Brussels I-bis Regulation incorporate the concepts that the ECJ has created in relation to jurisdiction in the cross-border consumer sector: the concepts of "act of consumption", "consumer", "professional", and "directed activity", for example, should stop being jurisprudential concepts to become legal concepts.

keywords

  • act of consumption, consumer, consumer contract, cross-border consumer sector, di-rected activity, dual contracts with both private and professional purpose, (international) jurisdiction, private international law, professional;acto de consumo; competencia judicial internacional; consumidor; consumo transfronterizo; contrato de consumidores; contratos con doble finalidad profesional y privada; derecho internacional privado; profesional; actividad dirigida