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.

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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
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article

European Consumer Protection Law in the Context of Compulsory Schooling and Private School Contracts

Delphine Fiedler, Arthur Winter
European Review of Contract Law
European and International Contract Law
article

European Consumer Protection Law in the Context of Compulsory Schooling and Private School Contracts

Delphine Fiedler, Arthur Winter
article en

Abstract

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.

European Review of Contract LawVol. 21(4)
Humboldt-Universität zu Berlin (DE), École de Formation Professionnelle des Barreaux de la Cour d'Appel de Paris (FR)
Openalex Percentile: Top 46%
European and International Contract Law
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