Tatjana Josipovic

Ex officio Application of EU Consumer Law in the Enforcement of the ESCP Judgments

Introduction

Ex officio application of eu consumer law in the enforcement of the escp judgments. Analyze the ex officio application of EU consumer law in enforcing ESCP judgments. Discover how national courts ensure effective EU consumer protection within the European Small Claims Procedure.

Abstract

The main aim of the European Small Claims Procedure (ESCP) is to simplify citizens’ access to justice by accelerating adjudication in small value disputes in cross-border cases, decreasing the costs of the proceedings and simplifying the recognition and enforcement of ESCP judgements rendered in another Member State. Therefore, the ESCP is organised as a summary and formal procedure. In ESCP, national courts are bound to respect and promote fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, including the right to a fair trial and the principle of an adversarial process. At the same time, it is particularly important that in the ESCP, the principle of effectiveness and effective judicial protection is respected. In their numerous judgments, the European Court of Justice, emphasises these very principles as being crucial for effective EU law enforcement, particularly in the context of consumer legal disputes where substantive and/or procedural law of the Union is applicable. The ECJ’s interpretation has often been that, because of effective protection of consumers, national courts must, under particular preconditions, ex officio apply the consumer law of the EU. The ECJ has defined a whole series of procedural rules to be complied with when applying EU consumer law ex officio. However, a question arises whether, due to specific procedural rules governing the ESCP, it is possible that national courts, when enforcing ESCP judgments, ex officio apply the EU consumer law. In the article various aspects of ex officio application of EU consumer law in the ESCP are considered, particularly in the context of the recent ECJ case law on ex officio application of EU consumer law in enforcement procedures. The main aim of the article is to analyse specific measures by which the European standards of effective court protection of EU consumer rights in the ESCP enforcement procedures can be ensured.

Review

This article addresses a crucial and timely issue concerning the intersection of the European Small Claims Procedure (ESCP) and the *ex officio* application of EU consumer law, specifically in the context of enforcing ESCP judgments. The ESCP, designed to streamline cross-border small value disputes by accelerating adjudication and simplifying enforcement, operates as a summary and formal procedure. However, national courts within the ESCP framework are simultaneously bound by fundamental EU principles, including the right to a fair trial and effective judicial protection, particularly emphasized by the European Court of Justice (ECJ) in consumer law disputes. The ECJ has notably established that, under certain preconditions, national courts must *ex officio* apply EU consumer law to ensure effective consumer protection, even defining detailed procedural rules for this application. The central question the article poses is whether the specific procedural rules of the ESCP allow for, or indeed necessitate, this *ex officio* application during the enforcement phase of its judgments. To tackle this complex challenge, the article sets out to consider various aspects of *ex officio* application of EU consumer law within the ESCP, paying particular attention to recent ECJ jurisprudence on this matter in enforcement proceedings. The authors aim to analyze the specific measures necessary to ensure that the European standards of effective court protection for EU consumer rights are upheld within ESCP enforcement procedures. This involves navigating the delicate balance between the ESCP's core objective of procedural simplification and the imperative of robust consumer protection, as mandated by the ECJ's consistent emphasis on the principle of effectiveness. The article thus promises to delve into the mechanisms by which national courts can reconcile these potentially conflicting demands while respecting fundamental rights like the adversarial process. The contribution of this article appears significant, offering valuable insights into a pressing issue for both legal practitioners and scholars. By examining how national courts can integrate the *ex officio* application of EU consumer law within the specific, summary framework of ESCP judgment enforcement, the research has the potential to clarify ambiguities and provide practical guidance. It addresses a fundamental tension between procedural efficiency and substantive rights protection, which is central to the effectiveness of the EU's single market and judicial area. The analysis of recent ECJ case law in this context will likely prove instrumental in understanding the evolving obligations of national courts, thereby strengthening consumer protection while preserving the integrity and accessibility of the ESCP.

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