Limitation periods in consumer disputes

Abstract

This contribution analyzes the court's ex officio obligations in consumer disputes regarding the statute of limitations within the Council Directive 93/13/EEC framework on unfair terms in consumer contracts and current legislation. It also considers recent case law developments. The statute of limitations aims to allow debtors to contest or confirm debts that they may not recall or that are disputed. However, the legislation infringes upon debtor autonomy by mandating protection, creating an asymmetry between suppliers and consumers. The concept of procedural protection for the weaker party in consumer disputes aligns with the EU's internal market's sustainable development. The court's ex officioconsideration of limitations is crucial in achieving this goal. Slovakia's entry into the EU led to adopting procedural protection measures, exceeding minimum harmonization standards, and fulfilling international obligations. Slovak civil legislation reflects the inequality between consumers and suppliers, resulting in specific substantive law derogations to address this disparity. Including a protective ex officio statute of limitations in consumer, disputes represent a baseline for consumer protection in civil court proceedings, offsetting debtor information deficits. This analysis reveals the coexistence of two fundamental principles in civil litigation: equality of parties and protection of the weaker party in consumer disputes. The court's ex officio approach upholds the principle of safeguarding the weaker party and enhances equality in dispute resolution. In conclusion, introducing an ex officio court obligation to apply the statute of limitations in consumer litigation guarantees consumer protection and is necessary to ensure weaker litigants' fundamental human right to a fair trial.