The Effectiveness of Consumer Protection in Sales Contracts – Some Observations from Recent European Case Law

The present contribution analyses the CJEU cases 'Faber' and 'Duarte Hueros', taking into account the debate on ‘effectiveness' and ‘procedural autonomy'. The aim of this contribution is therefore to express some observations concerning the Consumer Sales Directive and practicable ways to improve the effectiveness of consumer protection in this particular field of contract law. The complexity of consumer contract law, due to its piecemeal evolution at a European level, requires focus on a precise part of the acquis communautaire, to highlight, in this context, the main obstacles to more efficient protection of the weaker contractual party