EXTENDING THE SCOPE OF CONSUMER PROTECTION TO LEGAL ENTITIES: PROSPECTS FOR THE EU CONSUMER ACQUIS AND CONSUMER LAW IN BOSNIA AND HERZEGOVINA

Abstract

The evolving landscape of EU consumer protection law has primarily focused on natural persons, leaving legal entities without similar protections. This article examines the potential to extend consumer protection to legal entities, particularly small businesses entering into contracts outside their professional activities. It compares how different EU Member States define "consumer" and considers expanding this definition within the EU’s consumer acquis. Several countries, such as Greece and Luxembourg, already provide protections for legal entities in specific circumstances, while others, like France and Malta, adopt more flexible approaches. The article emphasizes the need to adapt consumer laws to modern realities, recognizing that legal entities can be as vulnerable as individuals in certain transactions. In conclusion, it advocates for expanding EU consumer protection laws to include legal entities, thereby improving fairness and legal certainty in the internal market. This extension is crucial as it aligns with the evolving economic landscape where small businesses often face similar vulnerabilities as individual consumers, thus necessitating a more inclusive regulatory framework that reflects contemporary market dynamics.