RT Journal Article
T1 Tuk Tuk Travel (C-83/22): rebuilding procedural autonomy or simply defending personal freedom?
A1 Vallines García, Enrique
AB On 17 May 2022, the Grand Chamber of the Court of Justice delivered the judgments Unicaja (C869/19), Ibercaja (C-600/19) and SPV Project (C-693/19 & C-831/19), which essentially concluded that, for the sake of the effectiveness of EU consumer law, national courts were required to disregard basic principles of national procedure, such as the principle of consistency of the judgment with the parties’ pleas or the principle of res judicata. As explained in a Op-Ed in EU Law Live, to my understanding, these three judgments destroyed the principle of procedural autonomy and wrecked the architecture of civil procedure of some Member States in consumer cases. In Tuk Tuk Travel (C-83/22), the Court of Justice was confronted, once again, with a conflict between EU consumer law and the principles of national procedure. But, this time, the Second Chamber of the Court appears to have taken an approach that deviates, at least to some extent, from the conclusions reached a year ago by the Grand Chamber.
YR 2023
FD 2023
LK https://hdl.handle.net/20.500.14352/94882
UL https://hdl.handle.net/20.500.14352/94882
LA eng
DS Docta Complutense
RD 10 abr 2025