Abstract

The objective of the second part of this paper is to describe obligations of the courts of EU Member States concerning ex officio collection of evidence in order to determine whether the provisions of substantive law designed to protect consumer rights are applicable in a given case. The model of civil procedure based on the adversarial principle generally precludes the court from undertaking the activities aimed at protecting the interests of one of the parties to the proceedings. In consumer cases, however, this principle is subject to limitations resulting from the need to ensure effectiveness of EU law. The scope of the analysed obligations, however, varies depending on the nature of legal protection provided to a consumer by the provisions of substantive law.