X CONTENTS Sarah Prager Reversal of the Burden of Proof in Package Travel Cases: the Approach of the Courts of England and Wales 23 Carlos Torres The principle of Member States’ procedural autonomy on the 50th anniversary of the Rewe and Comet cases 27 I. Introduction 28 II. The cases Rewe and Comet: equivalence and effectiveness principles 29 III. The limitations were introduced at the turn of the millennium. The fort growth of consumer law and the Europeanisation of civil procedure 31 IV. Tension between procedural autonomy and harmonisation. Principle expressing national sovereignty or delimiting competences 31 V. The Different Faces of Procedural Autonomy: A Chameleon-like Figure 34 Carlos Torres The principle of party autonomy guiding the civil procedure of the Member State, in light of the judge’s ex officio power/duty to raise the Union rule protecting the consumer 37 I. Introduction 38 II. The Facts 38 III. The omission in Article 5 NPTD 39 IV. Questions from the Spanish court about Article 5 NPTD 40 V. The role of the CJEU and national courts 41 VI. Procedural autonomy and the judge’s ex officio action 42 VII. Limits of ex officio judicis 44 Carlos Torres Burden of proof in a case of strict liability for the organiser: the disappearance of a mother and daughter during a canoe trip in Mauritius 45 I. Introduction 46 II. Burden of proof and strict liability 47
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