An evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law.

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The study has 2 separate objectives:(1) to examine the impact of national procedural law on the free circulation of judgments by establishing whether and to what extent the existing divergences in national procedural rules hinder the realisation of the objective of a free circulation of judgments, in particular by undermining mutual trust between the justice systems of the Member States. The study should analyse this in the framework of the European instruments of civil justice, in the context of the further facilitation of recognition and enforcement and bearing in mind the fundamental right of access to justice and the right to fair trial.To this end, the study should analyse options for reinforcing mutual trust based on the above assessment, supported by legal and economic arguments, in the light of the policy objective of ensuring the smooth operation of existing instruments of judicial cooperation in civil and commercial matters and any further reinforcement or intensification of this cooperation in view of creating a genuine European area of justice. The analysis and conclusions shall carefully weigh the pros and cons for each proposed solution;(2) to evaluate if and to what extent national procedural laws and practices ensure the procedural protection of EU consumer rights and whether these rules and practices satisfy requirements stemming from the rulings of the Court of Justice of the European Union ('CJEU') concerning the principles of effectiveness and equivalence and the obligation for an 'ex officio' assessment of compliance with EU consumer law.To this end, taking into account the principle of the procedural autonomy of the Member States the study should investigate national laws and practices, and gather all the necessary evidence concerning the procedural protection of EU consumer rights governing contracts. The study should pay particular attention to the relationship between different aspects of national procedures and evaluate them at different stages during the proceedings. In this context, the study should analyse whether national procedural systems satisfy the requirements of the CJEU's case law. Finally, the study should present conclusions from the assessment of national laws and practices, and develop options for reinforcing protection of EU consumer rights governing contracts. The analysis and conclusions should carefully weigh the pros and cons for each proposed solution.