Protection of Consumer Rights Under Directive 93/13 and the Case Law of the Court of Justice of the EU in the Light of the Amendments of Bulgarian Civil Procedure Code from 2019


Deyan Draguiev[1]


Directive 93/13 of the European Union is the blueprint for the protection of consumer rights within the EU. There is abundant case of the Court of Justice of the EU whereby the Court has reviewed and analysed the status of domestic consumer law, the means of protection of consumer rights under domestic civil procedures, and the level of implementation of the objectives of the Directive within the local law of the EU Member States.

In the beginning of 2019, Bulgaria was notified that its civil procedure does not comply with the Directive. In the end of 2019 Bulgaria adopted a number of amendments of the Civil Procedure Code which aim to provide better protection for consumers, especially within summary civil procedures.

The article reviews the CJEU case law stemming from various jurisdictions in the EU and analyses to what extent the 2019 amendments of the Civil Procedure Code may fulfil the declared aim of enhancing consumer protection against the background of general principles of civil procedure.

[1] Attorney-at-law. Head of the legal department of international financial corporate group investing in receivables. Until 2019 he has been attorney-at-law at the international law firm CMS Cameron McKenna Nabarro Olswang LLP – Bulgaria. Member of Sofia Bar Association. Graduated from Sofia University and Manchester University, UK. Member of the Advisory Council on Publications of the International Council for Commercial Arbitration. Editor for Europe for the Kluwer Arbitration Blog. Member of the Honourable Society of the Inner Temple, London, UK. The opinions and analysis in this article reflect solely the views of the author and do not represent a statement of any organization he may be associated with.