Do Consumers and Businesses Need a New Architecture of Consumer Law? A Thought-Provoking Impulse

EUI Working Papers LAW no 2012/23

95 Pages Posted: 3 Nov 2012

See all articles by Hans‐W. Micklitz

Hans‐W. Micklitz

European University Institute - Department of Law (LAW)

Date Written: August 1, 2012

Abstract

The paper is a translation of the Gutachten prepared for the 69. Deutschen Juristentag to be held in September 2012. It pleads for a separate consumer law code outside private law codifications. The benchmarks are: rethinking the concept of the consumer (the vulnerable consumer and the consumer/customer), focusing beyond traditional consumer law on internet sales and on consumer services (telecom, energy, transport, financial services), integrating and developing a consistent approach to consumer law enforcement via individual and collective action, via ADR, courts and administrative bodies. The solution is seen in a movable system (bewegliches System) that allows for connecting substantive rights and remedies to the different concepts of consumers, vulnerable, confident and responsible.

Keywords: European consumer law, ADR and ODR, internet sales

Suggested Citation

Micklitz, Hans-W., Do Consumers and Businesses Need a New Architecture of Consumer Law? A Thought-Provoking Impulse (August 1, 2012). EUI Working Papers LAW no 2012/23, Available at SSRN: https://ssrn.com/abstract=2169226 or http://dx.doi.org/10.2139/ssrn.2169226

Hans-W. Micklitz (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
Italy

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