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Landmark Cases of EU Consumer Law by Evelyne Terryn,Gert Straetmans,Veerle Colaert Pdf
This unique book tells the story of the coming of age of EU consumer law, a legal domain that hasn't ceased to expand in depth and scope during the last 20 years. However, this book has not been conceived by the editors as an exercise in nostalgia. The contributions offer ample food for thought about the challenges awaiting consumer law in the years to come. The selected cases in this book are therefore without exception landmark decisions. What this volume doesn't offer however, is an exhaustive overview of EU consumer law jurisprudence. It doesn't aspire to be a textbook covering all aspects of consumer law. Rather, the authors have approached the cases - some of which have been commented upon quite extensively in legal doctrine already - from a novel and personal perspective, sometimes coloured by the contributor's particular background, concerns and interest. Very often, the cases have been used as a point of departure to point out a development in EU and / or national consumer law. The result of the contributors' efforts does not only read as splendid anthology but it will be read and continued to be read by anyone interested in EU consumer law --
EU Consumer Law and Policy by Stephen Weatherill Pdf
Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.
European Consumer Law by Norbert Reich,Hans-Wolfgang Micklitz,Peter Rott,Klaus Tonner Pdf
In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.
Landmark Cases in Competition Law by Barry Rodger Pdf
It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Research Handbook on EU Consumer and Contract Law by Christian Twigg-Flesner Pdf
Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. The Handbook is divided into three parts:
Author : Floris O. W. Vogelaar Publisher : Europa Law Publishing Page : 456 pages File Size : 42,9 Mb Release : 2010 Category : Antitrust law ISBN : 9089520910
The EU Competition Rules by Floris O. W. Vogelaar Pdf
This book aims at providing the Legal Masters student throughout Europe's universities with a thorough selection of case law that would be of direct help when studying the subject for the first time. The primary criterion for selection has been whether a particular case has contributed to the development of one of the doctrines or notions that are so important to the understanding of EU competition law. All cases and decisions have been incorporated with their key recitals and texts only, so as to make the amount of text digestible in the context of an introductory course in EU competition law. Furthermore. for each case there is the mention of its relevance within the legal system and each case is accompamed with a short summary of its facts and circumstances. The sequence of cases follows the logic order in which EU competition law may or. in the author's view, should be taught. Wherever of practical use to the reader, cross-references are being made, be these of a general --
The Active Role of Courts in Consumer Litigation by Anthi Beka Pdf
The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection. According to the 'active consumer court' doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor. The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party. Dr Anthi Beka is a legal administrator with the chambers of Judge M. Vilaras in the Court of Justice of the European Union. She holds a PhD from the Faculty of Law, University of Luxembourg.
Consumer Law by Mary Donnelly (Law teacher),Fidelma White Pdf
Consumer Law: Rights and Regulation provides readers with a comprehensive and definitive analysis of contemporary Irish consumer law, within its European context. The book addresses consumer law issues from a dual perspective by examining both consumers' rights and suppliers' regulatory obligations. Key Features * A comprehensive reference that provides you with invaluable analysis and interpretation * Up to date and including all important case law, European and Irish legislation and Codes of Practice * Suited to practitioner needs in advising both consumers and suppliers * Identifies emerging legal developments and allows you to plan for future legal changes * Analyses the policy basis for legal measures and enhances discussions around appropriate reform models * Provides comprehensive analysis of complex and practically important issues in respect of: Sale of goods and supply of services; Product guarantee and product liability; Consumer credit; Financial Services Ombudsman; Investor protection; and Unfair commercial practices. * Includes coverage of: EU Mortgages Directive 2014; European Union (Consumer Information, Cancellation and Other Rights) Regulation 2013 which transposed the Consumer Rights Directive 2011/83/EC;Code of Conduct on Mortgage Arrears 2013; Central Bank Consumer Protection Code 2013; Directive 2013/11/EU on alternative dispute resolution for consumer disputes Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes About the authors Dr Mary Donnelly is a Senior Lecturer in Law at University College Cork. She is the author of The Law of Credit and Security (Thomson Reuters Round Hall, 2011). She has acted as a consultant on consumer and banking law issues for public and private sector organisations. Dr Fidelma White is a Senior Lecturer in Law at University College Cork. She is the author of Commercial Law (Thomson Reuters Round Hall, 2nd ed., 2012). She was a member of the Sales Law Review Group (2008-11) and has acted as a consultant on various consumer law projects in Europe and Ireland.
Landmark Cases in Consumer Law by Jodi Gardner,Iain Ramsay Pdf
This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However as this collection will demonstrate this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
Consumer Law and Economics by Klaus Mathis,Avishalom Tor Pdf
This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
The Transformation of Consumer Law and Policy in Europe by Hans-W Micklitz,Christian Twigg-Flesner Pdf
This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.
The New Intergovernmentalism by Christopher J. Bickerton,Dermot Hodson,Uwe Puetter Pdf
The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.
Rethinking EU Consumer Law by Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson Pdf
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.
The EU Charter of Fundamental Rights by Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward Pdf
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
