Abstract
Over the last years the European Union policy on consumer protection has shifted from minimum harmonisation towards maximum harmonisation. Maximum harmonisation should guarantee that one uniform set of rules applies to the whole EU, thereby contributing to legal certainty and reducing barriers in the internal market. However, the aim for uniformity conflicts with the frequent use of so-called general clauses: clauses that are generally formulated and need further interpretation by the courts. Various national interpretations of these clauses will hinder the aim for one uniform set of consumer laws. This article discusses the tension between general clauses and the aim for maximum harmonisation. It examines the risk of divergent national interpretations and will make some proposals on how to reduce this risk.
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