Obligația achitării cauțiunii de consumatori, pentru a obține suspendarea executării și suspendarea provizorie a executării, ar putea constitui o încălcare a Directivei 93/13/CEE
The obligation of payment of the bail amount by consumers, in order to obtain suspension of enforcement and provisional suspension of enforcement, could represent a breach of the Directive 93/13/EEC

Summary/Abstract: The article is intended to provide solutions in order to ensure the consumers’ legal protection in compliance with the minimum standards required by the Court of Justice of the European Union, in relation to the current possibility of the Romanian courts of ordering provisional measures according to the domestic law (enforcement suspension and provisional suspension of enforcement), only depending on the payment of a bail amount. Under the assumption that a consumer is in a situation of inferiority with a professional, as regards both the negotiations power and the information level, the author highlights the protection system implemented by Directive 93/13/EEC, as well as the manner in which the Court exercised its creative role, imposing both the equivalence principle and the effectiveness principle. The presentation of the relevant domestic law is accompanied by an analysis from the perspective of the European Union law, in relation to the evolution of the effectiveness principle in the case law of the Court, in the matter of protection of consumers’ rights. The conclusion that the obligation of payment of the bail amount could be an insurmountable obstacle of the time delay of the enforcement, contrary to the effectiveness principle, shall be accompanied by proposals fit to determine the observance of the consumers’ rights provided for under Directive 93/13/EEC.

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