Consumer information in the case law of the European Court of Justice: a German view

Abstract

German consumers are not really like the image that the German courts present. The portrait of a helpless, debilitated, immature creature who is in need of protection so as not to be led astray by advertising is not accurate. The European Court of Justice paints the average buyer as sensible, attentive and cautious, as well as possessing the ability to analyse the message behind advertising. So, in fact, the German consumer is awake and responsive to European developments. What is needed is a balance between market freedom and the protection of consumers; including a high availability of information for these potential buyers. When the consumer is adequately informed he/she will then be in the position to reap the full benefits of a single European market. But market access is crucial. With the growth of market access and information the subsequent behaviour of the potential consumers is determined by their ability to make rational decisions once given all the information. The availability of consumer information is twofold when applied to regulating the market: the autonomy of consumers becomes the mechanism for reconciling the market freedom rights of manufacturers; and the right that the buyer possesses to have their economic interests protected.

Citation

Dauses, M.A. (1998), "Consumer information in the case law of the European Court of Justice: a German view", British Food Journal, Vol. 100 No. 5, pp. 244-253. https://doi.org/10.1108/00070709810221463