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Some observations regarding cross-border debt collection in consumer disputes
Christophe Verdure, 2010, original scientific article

Abstract: Cross-border debt collection in consumer dispute leads to many difficulties. The main one is the access to justice as consumers are generally not aware of their rights and legal proceedings may be expensive. The major difficulty in order to sue a counterpart based in another Member States is the determination of the competent court. However, this private international law issue is the first step in order to bring a legal action. This action may be disproportionate, on time and value, in comparison with the amount of the debt a consumer wants to recover. As a result, the European Commission has adopted the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which aims at facilitating cross-border disputes involving consumers. After recalling the main characteristics of the Directive, author also discusses online mediation, that can also lead to more effective results.
Keywords: cross-border debt collection, online mediation, consumer law, alternative litigation proceedings, Directive 2008/52/EC, private international law
Published in DKUM: 23.07.2018; Views: 1008; Downloads: 34
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