The legal term of the “average consumer” was created by the European Court of Justice (ECJ) to protect the average consumer against unfair commercial practises.
After the Second War World, many states were indeed inspired by Keynes's theory that aimed at division of resources and didn't allow States to intervene in the economy.
The first few member states of the European Union (EU) didn't plan for consumer protection: the Treaty of Rome contained in fact no formal legal basis for consumer protection, but in its 2nd article, it aimed “to promote economic and social progress and a high level of employment and to achieve balanced and sustainable development, in particular, through the strengthening of economic and social cohesion”.
Then the Advisory Assembly of the European Council, in 1973, presented the European Consumer Protection Charta in Resolution 543: In this resolution, the first definition of a ‘consumer' was found: A consumer is therefore considered to be “a person, physical or moral, to whom are sold goods or are provided services for private use”. In this text, consumer rights were enumerated for the first time: The right of consumer protection and assistance which guaranteed protection to the consumer against economic and material damage caused by goods and which also guaranteed easy access to justice; the right of compensation for damages; the right to information and education and the right of representation. In 1995, Thierry Bourgoignie, who chaired the Belgian “Commission d'étude pour la réforme du droit de la Consommation” (CERDC) , proposed to extend the notion of the consumer to moral persons. This interpretation was refused by the ECJ in the “Cape Snc v Idealservice Srl” case and the definition of a consumer remained restrictive.
[...] But this is not a question of the protection of a circle of consumers who are always the same. This creates the following problem: because a consumer is not a definite, explicit person, a definite rule cannot be made to protect him. This is why a European Consumer Protection Code still doesn't exist. The combination model This conception has its place in the middle of the two above explained theories. The consumer is then part of a sociological group that is to be protected by law. [...]
[...] Then, the Company brought an appeal before the German Federal Administrative Court (Bundesverwaltungsgericht), arguing on the point of law that the appeal court had not produced any expert opinion to prove that the description and the pack misled the purchaser. A commercial practise is misleading if it contains false or untruthful information that could deceive the average consumer and has involved him in a transaction in which he wouldn't have taken part if he knew the reality of the product. [...]
[...] The first member states of the European Union didn't plan for consumer protection: the Treaty of Rome contained in fact no formal legal basis for consumer protection, but in its 2nd article it aimed promote economic and social progress and a high level of employment and to achieve balanced and sustainable development, in particular [ . ] Through the strengthening of economic and social cohesion Then the Advisory Assembly of the European Council, in 1973, presented the European Consumer Protection Charta in resolution 543: in this resolution, the first definition of consumer was to be found: a consumer is therefore considered to be “each person, physical or moral, to whom are sold goods or are provided services for private use”. [...]
[...] The other element of the definition of consumer is that the other party should be a professional, acting for purposes within his trade or profession. The consumer as a sociological group In that theory, three subjects of law do exist: the normal citizen, the entrepreneur and the consumer. A consumer in itself doesn't exist; it is therefore just a role in a transaction: he represents the weakest part of the triangle because in the consummation world, he is the one that doesn't see his gain growing up. [...]
[...] Kleindick Lurger Pfeiffer van Boom Vékàs Vogel (France) is professor of private law at the University of Assas and he is the director of the Institut de Droit Comparé of this same University .Since 2006, he has been president of Assas. Weatherill: (British) held the Jean Monnet Chair of European Law at the University of Nottingham and he is now professor of European Community Law at the University of Oxford. Wiedenmann:(Germany) is a scientific co-worker of Prof. Hommelhoff at the Institut for German and European Society and Economic Law of the University of Heidelberg. In 2003, he created the lawyers' office “Kanzlei Hermann und Wiedenmann”. Wilhelmsson (Norwegian) is professor of civil and business law at Helsinki University. [...]
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