5.4.2. Relevant factors for the effectiveness of remedies

When assessing the effectiveness of remedies the specificities of the procedure in question will have to be taken into account. Furthermore, the impact that particular obstacles may have on the ability of consumers to bring remedies or the effect that limited knowledge and information may have in this respect, should take into account the perspective of more vulnerable consumers. Such consumers may be particularly reluctant to use available remedies even where the contract terms used against them are clearly unfair (414). The following factors are alternative. This means that ineffectiveness of the remedy can be caused either by a single requirement, for instance high or discriminatory court fees (415), or by a combination of different requirements, e.g. a short time-limit combined with the need to take a lawyer (416) or the need to make detailed submissions (417). While most of the aspects referred to below concern procedural law, it is immaterial, in this context, whether a given factor is qualified as a matter of procedural or substantive law (418) in the relevant Member State. The list below is not exhaustive but reflects the most common examples stemming from the case law of the Court.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.