More Reality in the CJEU’s Interpretation of the Average Consumer Benchmark – Also More Behavioural Science in Unfair Commercial Practices?
Year: 2017
Type: article
Abstract: The ageless question regarding the interpretation of the average consumer benchmark at EU level recently gained momentum. The Court of Justice of the European Union has de facto deviated in a judgment from a strict application of the formula of the “reasonably well informed and reasonably observant and circumspect” consumer established in Gut Springenheide. This report investigates the possible implications of this judgment on the implementation of behavioural sciences in the “average consumer” benchmark.
DOI: 10.1017/err.2017.13
Author: Kai PURNHAGEN
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2738544119