000			02896nam a2200385 i 4500
001			CR9781839702501
003			UkCbUP
005			20240907162342.0
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007			cr||||||||||||
008			221114s2022||||enk o ||1 0|eng|d
020			_a9781839702501 (ebook)
020			_z9781839701948 (hardback)
040			_aUkCbUP _beng _erda _cUkCbUP
043			_ae------
050		4	_aKJE5132.A32 _bD95 2022
082	0	4	_a343.24071 _223
100	1		_aDuin, Anna van, _eauthor.
245	1	0	_aEffective judicial protection in consumer litigation : _bArticle 47 of the EU Charter in Practice / _cAnna van Duin.
264		1	_aCambridge : _bIntersentia, _c2022.
300			_a1 online resource (xxxvii, 276 pages) : _bdigital, PDF file(s).
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
490	1		_aIntersentia studies on courts and judges
500			_aTitle from publisher's bibliographic system (viewed on 18 Nov 2022).
520			_aIn EU consumer law, the rise of Article 47 of the EU Charter of Fundamental Rights - which guarantees the right to an effective remedy and a fair trial - over the past decade has coincided with a wave of crisis-induced litigation. Courts were confronted with large numbers of cases against overindebted consumers. This has prompted many questions on the need for effective judicial protection, for instance in mortgage enforcement and order for payment procedures. <br><br>This book provides a unique perspective on the role of civil courts at the crossroads of EU fundamental rights, consumer law and access to justice. It examines how the Court of Justice of the European Union, as well as civil courts in Spain and the Netherlands, refer to Article 47 in unfair terms cases, where procedural obstacles and inequalities have become particularly visible - especially in Spanish case law. The analysis reveals a divergence between European and national practices and also shows the potential of Article 47, which is often wrongly equated with the principle of effectiveness, in consumer litigation. <br><br><i>Effective Judicial Protection in Consumer Litigation</i> makes a vital contribution to the debate on the functions of Article 47 and fundamental rights reasoning in European private law adjudication and is a must read for anyone interested in the application of Article 47 in judicial decision-making.
630	0	0	_aCharter of Fundamental Rights of the European Union _d(2000 December 7)
650		0	_aConsumer protection _xLaw and legislation _zEuropean Union countries.
650		0	_aJudicial process _zEuropean Union countries.
776	0	8	_iPrint version: _z9781839701948
830		0	_aIntersentia studies on courts and judges.
856	4	0	_uhttps://www.cambridge.org/core/product/identifier/9781839702501/type/BOOK
942			_2ddc _cEB
999			_c9524 _d9524