Consumer Dispute Resolution after The Lisbon Treaty: Collective Actions and Alternative Procedures

Abstract

Access to justice remains a major challenge in EU consumer law, which has become more pressing with growing cross-border purchases, negatively affecting the common market. Moreover, a recent surge in supranational mass damages cases has highlighted market failures and the need for collective procedures. Under the Lisbon Treaty, new opportunities have arisen to close this civil justice gap. This article analyzes how the wider competences of the EU on access to justice can facilitate consumer redress, by putting special emphasis on the issue of the affordability of litigation, which has been so far underexplored. This work argues that collective procedures, combined with coherent out-of-court mechanisms and funding schemes, are key elements of an effective consumer dispute resolution system. In particular, specific cases and financing models are assessed, which have the potential to foster judicial protection of consumers.