Alcune considerazioni sulla nozione di consumatore nel diritto dell’Unione europea tra esigenze del mercato interno e tutela della vulnerabilità

This article examines recent developments in the notion of consumer under EU Law, questioning the adequacy of the average consumer standard in light, inter alia, of the dynamics of the internal market. European case law has acknowledged the relevance of forms of consumer vulnerability linked to specific personal conditions, yet it has failed to provide a normative framework for vulnerabilities arising from social, cultural and economic factors. These circumstances give rise to fragmented and uncertain protection. Moreover, the traditional distinction between the average consumer and the vulnerable consumer is progressively losing analytical and normative significance, as digital commercial practices exert a transversal impact on consumers’ decision-making capacity. The article argues that only a horizontal, coherent and systematic regulatory approach can ensure a uniform and effective level of consumer protection within the internal market. Finally, it emphasises the role of consumer law in the context of the privatisation of public services, underscoring its welfare function and its contribution to counteracting social exclusion.