Legal Uncertainties in Interpretation of the Term ‘Consumer’ in the Legislation of European Union and the Practice of European Court

Abstract

The subject of the study is the harmonized norms of European legislation on consumer protection. In particular, the author is interested in the problems of interpretation of the concept of "consumer" in European law as a basis for understanding the essence of relations involving individual consumers. For the purposes of the study, the legislation of the European Union was chosen, as a legal system combining legal differences in the norms of different states, and perceiving and interpreting various legislative norms of the member states. The author analyzes both legislative norms and judicial practice in order to identify gaps in law enforcement and the practical applicability of the study. The author is interested in both the doctrinal component of the formation of the concept of "consumer" and the conclusions drawn in this regard by judicial practice. The author reveals the criteria formed in judicial practice for determining the activity of an individual as commercial, and also reveals the approach of the European legislator to the purpose of the consumer contract. In his research, the author uses methods of analysis and synthesis to clarify the essence of the concept of "consumer" used in various normative legal acts and judicial practice, as well as to form conclusions about the formation of the concept of "consumer" in European law. The main conclusions made in the course of the study are the conclusion about the criteria formed for the qualification of a person as a consumer and their possible components, and the approach is also defined, according to which the activity of an individual can have a dual character, depending on the purpose and substance of the contract that the consumer enters into.