The European consumer

a case of mistaken identity?

Abstract

European consumers enjoy protection, if they are natural persons who act outside professional purposes and have as counterparts professionals (traders). Applying the test of the three conditions, it is possible that consumers who do not need protection to fall within the scope of the consumer protection laws. This is the reason why we are wondering about the “identity” of the European consumer.
To elucidate the issue we will use a few questions, which, in a logical sequence, would be asked by any jurist more or less familiar with the matter of EU consumer protection. First, why do consumers need protection? Are they vulnerable? How are consumers protected and “identified” in cross-border contracts? Does the irrebuttable presumption of consumer vulnerability generate fair judgments?
We will conclude by pointing out that EU consumer protection has reached a critical moment, when the irrebuttable presumption of consumer vulnerability generates exaggerations and, possibly, imbalances. Protective laws are used as a shield by consumers who do not actually need them, which produce results that are contrary to the purpose for which they were designed .