European Consumer Protection Law in the Context of Compulsory Schooling and Private School Contracts
Abstract The Court of Justice of the European Union’s judgement of 30 April 2025, on consumer protection in the context of private school contracts, centres on a triangular relationship between parents and private schools as contracting parties, and pupils as service recipients. The court classified parents as consumers while denying this status to pupils despite them being primary beneficiaries of the contract. Fundamental information asymmetries emerge as parents assume contractual obligations without comprehensive knowledge of daily educational delivery, while pupils remain legally invisible here despite being most affected by the service quality. The private schools’ informational advantage enables potential exploitation through fee inflation via unrequested services. This decision therefore highlights tensions between public law obligations and private consumer protection law.
Authors
- Delphine Fiedler
- Arthur Winter
Institutions
- Humboldt-Universität zu Berlin (DE)
- École de Formation Professionnelle des Barreaux de la Cour d'Appel de Paris (FR)
Publication Details
- Journal
- European Review of Contract Law
- Published
- 2025-11-29
- DOI
- https://doi.org/10.1515/ercl-2025-2022
- Primary Topic
- European and International Contract Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00