Sanctionering van informatieplichten uit de Richtlijn consumentenrechten

Information duties in consumer law aim to protect consumers. Information which the trader has to provide in case the consumer wants to conclude a contract, supports the consumer by influencing the decision-making process, storing information, and facilitating the exercise of his rights. From a legal point of view, it is interesting to examine what happens if the trader breaches an information duty.

This treatise adresses the questions whether German, English, and Dutch law provide for sanctions if information duties of the EU Consumer Rights Directive are breached. And if that is the case, who can utilise or impose those sanctions. Consumers, competitors, administrative authorities, and consumer organisations may have an interest utilising the sanctions in case of a breach. Whether these actors can make use of sanctions for the breach of information duties in Germany, England, and the Netherlands depends on whether an actor has easy access to a sanction and whether a sanction can be applied to any possible breach. The burden of proof, which may lie with one of the actors, is the key for the accessibility. In answering these questions, one can assess the availability and applicability of sanctions and shape them in such way actors, especially the consumer, will actually make use of them in society.

Dissertation: http://hdl.handle.net/11370/256f8547-cc19-4eff-83cd-84beea3a04d7