Is the ‘Behavioural Turn’ in Consumer Law Taken by Dutch National Courts?
This contribution briefly traces the ‘behavioural turn’ in EU Consumer law. We argue that the multilevel-nature of this paradigm shift is currently underappreciating the role of national courts in giving traction to the behavioural sciences paradigm. In a jurisprudential analysis of cases applying the Unfair Commercial Practice Directive in the Netherlands in respect of the average consumer, we find that Dutch courts do not deploy behavioural insights.
|Keywords||Consumer law, behavioural sciences, EU law in national courts|
|Journal||Wageningen Working Papers in Law and Governance|
Schebesta, H, & Purnhagen, K.P. (2017). Is the ‘Behavioural Turn’ in Consumer Law Taken by Dutch National Courts?. Wageningen Working Papers in Law and Governance, 2017(9). Retrieved from http://hdl.handle.net/1765/104966