METHODS AVAILABLE BY ACTION BEFORE THE COURTS AND OTHERWISE TO PROTECT THE CONSUMER UNDER THE LAW OF THE FEDERAL REPUBLIC OF GERMANY (FROM JUDICIAL AND QUASI-JUDICIAL MEANS OF CONSUMER ... - SEE NCJ-58667)

• NCJ Number: 58677
• Author(s): N REICH
• Date Published: 1976
• Length: 37 pages
• Publication Format: Document
• Language: English
• Country: Belgium

Annotation

JUDICIAL AND QUASI-JUDICIAL MEANS OF CONSUMER PROTECTION IN GERMAN LAW ARE DESCRIBED.

Abstract

THERE ARE THREE MEANS OF CONSUMER PROTECTION IN THE FEDERAL REPUBLIC OF GERMANY: ACTION BY THE PUBLIC AUTHORITIES, A SYSTEM OF SELFMONITORING, AND CIVIL ACTION BY INDIVIDUAL CONSUMERS. THE RESOURCES OFFERED BY CRIMINAL LAW ARE OF DOUBTFUL VALUE. THE PUBLIC AUTHORITIES INSURE CONSUMER PROTECTION IN VARIOUS FIELDS--FOODSTUFFS AND PHARMACEUTICAL PRODUCTS, DISPLAY OF PRICES--THROUGH THE FEDERAL CARTEL OFFICE AND SUCH LAWS AS THOSE PROHIBITING RESTRAINTS ON COMPETITION AND UNFAIR COMPETITION. IN CERTAIN MATTERS, PARTICULARLY REGARDING UNFAIR COMPETITION, THERE IS A SYSTEM OF SELFMONITORING IN WHICH CONSUMER ASSOCIATIONS MAY PARTICIPATE. IF A CONSUMER SUFFERS INJURY PERSONALLY, HE MAY INITIATE CIVIL PROCEEDINGS FOR DAMAGES. COLLECTIVE ACTION IS NOT POSSIBLE UNDER GERMAN CIVIL LAW. THE CONSUMER ASSOCIATIONS CANNOT TAKE PART IN THE DEFENSE OF ONE OF THEIR MEMBERS, NOR CAN THE PUBLIC AUTHORITIES INTERVENE IN CIVIL PROCEEDINGS ON THE SIDE OF A CONSUMER (EXCEPT FOR RARE EXCEPTIONS REGARDING CONTRACTS). INDUSTRIAL CONCENTRATION IN THE CONSUMER GOODS SECTOR IS CONSTANTLY WEAKENING THE POSITION OF CONSUMER, WHO NEEDS BETTER ADMINISTRATIVE CONTROL AND INCREASED COLLECTIVE PROTECTION THROUGH ASSOCIATIONS WITH SUFFICIENT POWERS TO GUARANTEE THEIR MEMBERS EFFECTIVE LEGAL PROTECTION. SUGGESTIONS FOR IMPROVING THE POSITION OF THE CONSUMER IN THE FEDERAL REPUBLIC OF GERMANY ARE OFFERED. EXTENSIVE EXPLANATORY NOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)