Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.75.5.5
Misdemeanor Protection of Consumers in the Practice of First-Instance Courts in the Republic of Croatia
Ivana Kanceljak
orcid.org/0000-0002-0588-3573
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sunčana Roksandić
orcid.org/0000-0003-3523-6032
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The authors analyse judgments of municipal misdemeanour courts and misdemeanour divisions of municipal courts which, following proceedings conducted before the inspectorate, adjudicate on infringements of consumer rights governed by the Consumer Protection Act. Through this empirical research, the paper provides insight into the practical realisation of this specific segment of consumer protection. The first part of the paper is dedicated to explaining legislative changes relating to inspection supervision and the regulation of misdemeanour provisions, from the entry into force of the first Consumer Protection Act in 2003 to the present day. The second part of the paper presents the results of an analysis of 189 judgments. The research reveals the existence of certain problems and shortcomings in the implementation of consumer protection. During 2023 and 2024, misdemeanour courts were unnecessarily burdened due to an increased number of cases involving aggressive commercial practices. Although the awareness of misdemeanour judges of the need to interpret the provisions of the Consumer Protection Act in line with the objectives of EU directives is increasing, it appears that the principle of consistent interpretation has not been fully satisfied, chiefly due to the failure to apply the unfairness test in cases of unfair commercial practices. In addition, the paper explains which infringements of consumer rights are most prevalent and the extent to which they are sanctioned in the digital environment.
Ključne riječi
consumer protection; misdemeanours; inspectorate; unfair commercial practice
Hrčak ID:
344579
URI
Datum izdavanja:
12.2.2026.
Posjeta: 632 *