ABSTRACT

It is true that EC consumer law has brought about improvements in the legal position of consumers, even if there is a need to shore up these advances by improving access to justice and the performance of enforcement authorities. Sometimes the resulting EC legislation grants such insignificant improvements to consumers, that consumerists might almost join with industrialists in questioning whether the efforts are worthwhile. Given that consumer protection has only been an express aim of the Community since the Maastricht Treaty the amount of EC legislation might be seen as a sign of the EC's commitment to consumer protection. Leaving to one side issues of social justice, there are practical reasons for rejecting such a limited role for EC law. For instance the proposals on access to justice focus mainly on the problems associated with resolving cross–border disputes; whereas the draft Directive on consumer sales has surprisingly few provisions tackling the particular problems of consumers purchasing across borders.