Abstract
In this article it is argued that traditional consumer policy increasingly requires transformation towards sustainability. For this purpose, consumer protection regulation must be reshaped into taking environmental needs into account rather than focusing solely on the realization of the European Union internal market, and the satisfaction of endless consumer demands. In order to bring benefits to both the economy and the environment, sustainable consumption choices have to be fostered. The authors focus on the pre-contractual stage of business-to-consumer legal relations, and argue that businesses rethink their marketing strategies and try to emphasize environment friendly aspects. Competitive advantage usually gained by offering consumers greater value by means of lower prices gradually loses its impact, and other methods such as environmental claims become more important in this sense. As advertising can be a powerful force for promoting sustainable consumption by highlighting the sustainable dimensions of goods and convincing consumers to purchase these products, the issue is raised of assuring the truth of advertising as a tool for basic consumer protection in the pre-contractual stage of business-to-consumer legal relations. The authors emphasize that consumer protection against unfair commercial practices should play a significant role in the assessment of environmental claims. The aim of this article is to examine the legal regulation on unfair commercial practices in order to find a balance between the efforts of sustainability-driven entrepreneurs to succeed in a competitive market and the protection of the interests of consumers supporting greener goals.
Highlights
Consumer law has come to occupy a central position in the European Union’s (EU) internal market policy through numerous pieces of secondary legislation, as the first directives in this field were already adopted in the 1980s
The authors emphasize that consumer protection against unfair commercial practices should play a significant role in the assessment of environmental claims
In its recent case-law, Court of Justice of the European Union (CJEU) has repeatedly placed emphasis on the nature and significance of the public interest constituted by the protection of consumers, who are in a weaker position relative to sellers or suppliers both in terms of their bargaining power and the level of their knowledge
Summary
Consumer law has come to occupy a central position in the European Union’s (EU) internal market policy through numerous pieces of secondary legislation, as the first directives in this field were already adopted in the 1980s. Market economy and endless consumption over the course of decades have raised the problem that the resource needs generated by current production and consumption far exceed the limits of the planet. This tension will be even more obvious in the context of the COVID-19 crisis, after which the need for fostering economic growth will come to the forefront. Consumers have been recognized by the law almost exclusively in their role as purchasers of new goods They are seen as the weaker party in commercial transactions, the rights of whom need protection. It is expected that this research will contribute to the proper application and interpretation of law and ensure protection of consumer rights in this field
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