Resumen de The national courts’ obligation to gather and establish the necessary information for the application of consumer law—the endgame?
At the turn of the millennium, the Court of Justice of the European Union created—and has subsequently developed—the so-called “ex officio doctrine” in consumer law cases. Although the Unfair Contract Terms Directive was initially—and remains—the main focus of the Court’s efforts, it has become clear that other instruments of substantive consumer law are also to be applied of the national courts’ own motion. An important prerequisite, however, is the courts’ acquisition of necessary information. That aspect of the ex officio doctrine has also formed the subject of the Court’s efforts to protect consumers as weaker contracting parties and litigants. This contribution analyses the Court’s latest case law and submits that the doctrine’s development is reaching an endpoint. Also, a national (Belgian) perspective on that case law is given in order to determine whether and, if so, which aspects of it give us cause to reflect upon and maybe even revise our own national approach.
