PRAVO POTROŠAČA NA INFORMISANOST – NEKI PRIMERI IZ PRAKSE SUDA PRAVDE EVROPSKE UNIJE

Abstract

One of the fundamental rights of consumers and an important element in achieving the goal of consumer legislation, which is to achieve a high level of consumer protection, is the consumer's right to information. The concept of the average consumer who is well informed, sufficiently observant and circumspect is accepted in EU law as well as in national legislation. Only a well-informed and properly informed consumer can make a reasonable and prudent consumer decision. Given that all natural persons are potential consumers and that consumers are not a homogeneous but a heterogeneous category, this concept is general, objective, abstract, and restrictive, because the legal protection of consumers does not depend on the individual characteristics of the individual consumer. Dynamic technological development leads to new products, modifications of existing ones, new methods of distribution and sales, new services, as well as new ways of providing services. Hence, an empirically based approach to identifying the average consumer must be adopted in order to avoid the risk of straying too far from legal and market reality. In such a reality, the concept of an informed consumer must be a continuous and constant subject of attention with the aim of modifying and introducing new methods to achieve better consumer information and thus achieve a higher level of protection. There are numerous consumer disputes that are court cases and that relate to consumer (no) informedness ation The paper presents, for the sake of example, only some diverse cases from the practice of the Court of Justice of the European Union.