Legal Literature

  • Legal Literature Details
    • Member State: Romania
    • Title: The concept of "consumer" under Law no. 363/2007 on fighting against the unfair commercial practices of traders in relation to consumers
    • Subtitle:
    • Type:
    • URL:
    • Author: J. GOICOVICI
    • Reference: Pandectele Romane nr. 5/2009
    • Publication Year: 2009
    • Keywords: collective action, consumer, consumer rights
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6
  • Headnote
    This article describes the concept of "consumer", as defined by Law no. 363/2007. It explains that this definition covers natural persons acting for purposes outside the scope of their professional activity, and that legal persons are excluded from protection unless it is a consumer association. The core of consumer protection is, therefore, offered by the use of the property or service by an individual for a personal goal.

    The author also explains that consumer groups aiming at the protection of individual or collective interests of consumers, play a dual role: (1) they inform consumers, and (2) they represent them in court by acting in the collective interest of consumers. The risk of unfair practices on the part of a trader to cause potential victims justifies legal action by the consumer association.
  • General Note
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