Unternehmerfreiheit versus Verbraucherschutz?!

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Abstract The author illuminates the relationship between entrepreneurial freedom and consumer protection established by EU primary law and German constitutional law. He creates criteria, which ensure a balance between the interests of the entrepreneur and consumer within the enactment and application of public consumer protection law. After an explanation of the socioeconomic and legal positions of the entrepreneur and consumer, the author brings entrepreneurial freedom and consumer protection into relation based on the doctrine on fundamental rights. Through the developed criteria, he analyzes the product safety law and food law and uncovers structural elements of public consumer protection law. These elements make concrete the developed criteria; at the same time they systemize and give contour to public consumer protection law. In the end, the thesis designs new consumer protection instruments which can optimize the balance between the interests of the entrepreneur and consumer.