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The overall purpose of the thesis is to examine whether Swedish courts can fulfill the role that EU law attributes them in consumer disputes. To achieve the purpose, the thesis will be based on the following main question: Is the Swedish civil procedural system compatible with the obligations that EU law places on national courts in terms of ex officio action and direction of proceedings in consumer disputes? Consumer legislation is often built on the idea that the consumer is in a weaker position in relation to the trader. However, consumer disputes are treated as any other civil case under Swedish law. A highly debated question is how active the role of the court should be in civil cases. The court may need to offer the parties some direction for the proceeding to be efficient. Ex officio actions can also be a way to ensure that consumer law is respected but may conflict with fundamental principles of proceedings in civil cases such as party autonomy. In consumer disputes, the question of how the court should act to respect the party’s autonomy while ensuring an effective consumer protection can become complex. The amount of EU regulation concerning consumer rights is extensive. When there is EU regulation that grants individuals rights in an area the national court must take into account, among other things, the principle of equivalence and the principle of effectiveness. The European Court of Justice has made certain statements regarding the obligations of national courts in consumer disputes. Several cases concern the question of when a national court may be required to go beyond the parties' claims and referrals. The argument is often that it is necessary for the court to take on a more active role in consumer disputes with regards to the principle of effectiveness. The reasoning of the European Court of Justice is often very consumer friendly. The European Court of Justice seems to focus on achieving effective consumer rights rather than the national procedural autonomy of the member states. The extent of the obligations placed on national courts through EU law and how they can be combined with the national civil procedural system is in some cases not entirely clear. To address the purpose of the thesis, an example case will be constructed within the framework of the thesis. Furthermore, two variations of the example case will be presented. The example case and its variations raise certain questions on the role of the court in consumer disputes. The proposed solutions to the example case and its variations indicate that the Swedish civil procedural system is not fully compatible with the requirements that EU law places on national courts in consumer disputes. |
