Polizze abbinate a finanziamenti, consumatore medio e pratiche commerciali scorrette

With the ruling of 14 November 2024, the Court of Justice ruled on the interpretation of the articles. 2, letter. j), 8 and 9 of Directive 2005/29/EC and on art. 24, par. 3, of Directive 2016/97/EU. The case judged by the Court concerned the commercial practice of a bank of offering apparently mandatory insurance policies to consumers in order to obtain a loan. The ruling becomes an opportunity to test the value of the notion of the average consumer, especially in light of the theories of behavioral law and economics. The contribution therefore reflects on the possible contribution to consumer protection coming from the new "dynamic" interpretation of the notion of average consumer.