GEANNULEERD - 'The Balance in Consumer Protection between Substantive Law and Enforcemen' by Peter Rott, on the occasion of the Marcel Storme Chair

23-04-2020 van 17:30 tot 19:00
Aula-Academieraadzaal, Voldersstraat 9, 9000 Gent
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The Willy Delva Fund has awarded the Marcel Storme Chair 2019-20 to professor Peter Rott on the recommendation of the Faculty of Law and Criminology

The Balance in Consumer Protection between Substantive Law and Enforcement:

Traditionally, consumer law has suffered from underenforcement in many countries. Reasons are, in particular, insufficient incentives or means for individual enforcement, the lack of effective collective remedies and/or insufficient resources or the lack of interest of public authorities and/or consumer organisations. Thus, even where strict rules on substantive consumer protection exist, authors diagnosed an incentive not to comply with the law.

Quite recently, the picture has changed, at least in certain sectors of business. This is mainly due to technological advancement. The use of digital technology, commonly referred to as ‘legal technology’ or ‘legal tech’ allows the legal profession to drastically increase the efficiency in handling claims. Legal tech claims management companies have been particularly successful in the area of air passengers‘ rights but the use of legal tech has also facilitated the mass handling of similar claims, for example, resulting from the Volkswagen diesel scandal.

This latter development led to a debate about „overenforcement“. It has been argued that a massive increase in enforcement of existing consumer law may necessitate the relaxation of the substantive law standard.

In his public lecture, Peter Rott will discuss the relationship between substantive consumer law and its enforcement, thereby using examples from recent case law and from the current political discussion.

About Peter Rott

Peter Rott is a fully qualified German lawyer. He held positions as assistant at the University of Bamberg, lecturer at the University of Sheffield, junior professor at the University of Bremen, associate professor at the Unviersity of Copenhagen and professor at the University of Kassel.

Peter is specialised in European private law and in German and European consumer law. Currently, he focuses on the effects of digitalisation on private law, on sustainable consumer law and on the enforcement of consumer law including collective enforcement and legal tech claims management.

He is a member of the International Association of Consumer Law, the European Law Institute, the Ius Commune project and the Trento/Turin project "The Common Core of European Private Law", lead editor of the German law journal “Verbraucher und Recht” and member of the editorial boards of the “Journal of Consumer Policy” and the “European Journal of Consumer Law”. He has conducted numerous expert studies for EU institutions, German and Austrian ministries and consumer organisations and serves as a member of the Consumer Advisory Council of the German financial services regulator BaFin.