Approaches to the Different Levels of Consumer Protection in European Contract law, focusing on Food Safety Regulations

Abstract

In the area of contract law an important aspect is consumer protection, on the national and European level, which involves cross border elements. Within the European Union Directives and Regulations secure a minimum level of protection for the consumer. These laws are designed to prevent business to gain by fraud or unfair practices; they protect the weaker party, the consumer, from the stronger party, the businesses. In Article 2 (B) of Directive 93/13/EEC on unfair terms in consumer contracts, a consumer is defined as “any natural person who, is acting for purposes which are outside his business, trade or profession.” To achieve the optimal level of consumer protection within the EU, in order for the internal market to work properly; the aim of this paper is to address the following research question: “How to approach the differences in level of Consumer protection, in a civil law country compared to a country under the common law regime?”. In order to be able to outline some of the differences the issue of food safety will be used as a case-study.