Is the ‘Behavioural Turn’ in Consumer Law Taken by Dutch National Courts?

This contribution briefly traces the ‘behavioural turn’ in EU Consumer law. We argue that the multilevel-nature of this paradigm shift is currently underappreciating the role of national courts in giving traction to the behavioural sciences paradigm. In a jurisprudential analysis of cases applying the Unfair Commercial Practice Directive in the Netherlands in respect of the average consumer, we find that Dutch courts do not deploy behavioural insights.