More Reality in the CJEU's Interpretation of the Average Consumer Benchmark - Also More Behavioural Science in Unfair Commercial Practices?

Kai Purnhagen*

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

1 Citation (Scopus)

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.
Original languageEnglish
Pages (from-to)437-440
JournalEuropean Journal of Risk Regulation
Volume8
Issue number2
DOIs
Publication statusPublished - 2017

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