O punte dincolo de autoritatea de lucru judecat în domeniul protecţiei consumatorului
A Bridge Beyond Res Judicata in the Consumer Protection Matter

Summary/Abstract: The present article aims to provide a brief analysis of the impact of res judicata within the specific matter of consumer protection, from the perspective of both national and European jurisprudence and regulations, particularly in light of the recent judgment of the Court of Justice of the European Union delivered on 7 November 2024 in Case C 178/23, ERB New Europe Funding II. It is essential to examine how the authority of res judicata, an expression of the principle of legal certainty, can be harmonized with the requirements of effective consumer protection, as established by the case law of the Court of Justice of the European Union. As a matter of principle, the primacy of res judicata in national court decisions is acknowledged, as consumer protection does not possess an absolute character. However, in certain circumstances, European Union law may require the displacement of the effects of res judicata in order to uphold the supremacy of consumer protection norms. It is therefore crucial to outline the conditions under which national courts may apply this exceptional situation.

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