Legal Literature detail
|Directive article||Reference||Droit de la consommation - Consumentenrecht (DCCR), 1/2010, pages 3-67|
|Country||Belgium||Legal Literature date||2010|
|Author||DELFORGE, C.||Author initial|
|Title EN||Consumer use and public services of an economic nature||URL EN||N/A|
|Title FR||L’usager consommateur et les services publics de nature économique||URL FR||N/A|
This extensive article summarizes the results of a study that investigates to which extent consumers are protected by the Civil Code and the general rules of consumer protection (including the rules that implement the UCP Directive).
The author offers an in-depth overview of the concepts of "consumer", "trader" and "public service". She investigates whether the performance of public services can qualify as a contractual performance, and discusses how the typical characteristics of public services (state power, continuity of service) can be reconciled with the principles and various definitions of consumer protection legislation.
The article take the view that the general consumer protection rules indeed partially apply to public services (particularly when taken into account the ongoing trend towards privatisation of public services), although there is strong fragmentation, and many interpretation difficulties apply.