Is the ‘Behavioural Turn’ in Consumer Law Taken by Dutch National Courts?
Wageningen Working Papers in Law and Governance 2017/09
20 Pages Posted: 25 Oct 2017 Last revised: 26 Oct 2017
Date Written: October 25, 2017
Abstract
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
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