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Pomar, Fernando Gómez; Lyczkowska, Karolina --- "Spanish courts, the European Court and consumer law: some thoughts on their interaction" [2017] ELECD 758; in Cafaggi, Fabrizio; Law, Stephanie (eds), "Judicial Cooperation in European Private Law" (Edward Elgar Publishing, 2017) 93

Book Title: Judicial Cooperation in European Private Law

Editor(s): Cafaggi, Fabrizio; Law, Stephanie

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786436689

Section: Chapter 5

Section Title: Spanish courts, the European Court and consumer law: some thoughts on their interaction

Author(s): Pomar, Fernando Gómez; Lyczkowska, Karolina

Number of pages: 36

Abstract/Description:

European consumer law has grown and evolved by means of legislative measures (harmonization Directives) initiated by the European Commission and agreed – more or less reluctantly, depending on the case – by the Member States. However, it has taken its current shape and content, and increasingly so, through judicial lawmaking. The Court of Justice of the European Union (CJEU) has been at the helm of such endeavours of courts’ production of consumer law. This prominent role of the CJEU in crafting European consumer law has been made possible, to a large extent, by the cooperation and complicity of national courts seeking guidance from the CJEU in the interpretation of the EU consumer acquis (or, as we hypothesize, perhaps in pursuit of their own policy goals in the field with the instrumental assistance of the CJEU). To those familiar with European consumer law, it is not significant news to state that some of the landmark consumer decisions of the CJEU have been prompted by preliminary references of Spanish courts: Océano, Mostaza Claro,El Corte Inglés,Banesto,Aziz,to cite just a few. At first blush, thus, it would appear as if Spanish courts should be considered as very collaborative and committed participants in the development of European consumer law through the expansion and refinement of CJEU case law.