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.

Consumer law, behavioural sciences, EU law in national courts
Wageningen Working Papers in Law and Governance
Rotterdam Institute of Law and Economics

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