Rethinking the Public Interest in Consumer Protection: A Critical Comparative Analysis of Article 6 Rome I Regulation

Benedikt Schmitz*

*Corresponding author for this work

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Abstract

Consumer protection directly influences the design of choice of law rules in the EU. Article 6 Rome I Regulation stipulates that the law of the consumer’s habitual place of residence applies, unless another law has been chosen. This choice may not deprive the consumer of certain rules of her “home law”, however. This likely requires a comparison of the involved laws, putting the foreseeability of the parties’ legal rights in jeopardy. Such comparison also raises issues for the public, as it decreases administrability (measured by the amount of work necessary to apply a conflict rule) and hence increases costs for the courts. Through comparative analysis between Article 6 Rome I and the latter’s different interpretations, this article investigates how consumer protection affects the administrability and foreseeability of choice of law rules. It is shown how simple changes to Article 6 Rome I could increase administrability and foreseeability for all involved stakeholders.
Original languageEnglish
Pages (from-to)210–235
Number of pages26
JournalEuropean Journal of Comparative Law and Governance
Volume9
Issue number2
Early online date26-Apr-2022
DOIs
Publication statusPublished - 2022

Keywords

  • private international law
  • consumer law
  • public interests
  • private interests
  • pipr
  • REPP
  • sectorplan

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