Legal Literature

Unfair Commercial Practices Directive, Whereas, (18) Unfair Commercial Practices Directive, Whereas, (19) Unfair Commercial Practices Directive, Chapter 1, Article 2, (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Annex I Unfair Commercial Practices Directive, Annex I

This article investigates the scope of the notion "consumer" within the Dutch legislation on unfair commercial practices, from a European law point of view. Both European and Dutch case law is used for dealing with this question.

The author describes how the "average" consumer is defined in the legislation, literature and case law.

Subsequently, he discusses the question whether socially vulnerable parties are taken into special consideration in connection with the average consumers in European and international legislation.

The author concludes that socially vulnerable consumers are not offered additional protection. He argues that the European framework of legislation offers the national courts sufficient possibilities of free interpretation to allow for extra protection of the vulnerable consumer.