The European Unfair Commercial Practices Directive

Author : Willem van Boom,Amandine Garde
Publisher : Routledge
Page : 302 pages
File Size : 47,7 Mb
Release : 2016-02-11
Category : Law
ISBN : 9781317033158

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The European Unfair Commercial Practices Directive by Willem van Boom,Amandine Garde Pdf

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Author : Geraint Howells,Hans-W. Micklitz,Thomas Wilhelmsson
Publisher : Routledge
Page : 312 pages
File Size : 52,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317139669

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European Fair Trading Law by Geraint Howells,Hans-W. Micklitz,Thomas Wilhelmsson Pdf

The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 50,5 Mb
Release : 2014
Category : Electronic
ISBN : 1472423402

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European Unfair Commercial Practices Directive by Anonim Pdf

Author : Bram B. Duivenvoorde
Publisher : Springer
Page : 244 pages
File Size : 54,6 Mb
Release : 2015-05-11
Category : Law
ISBN : 9783319139241

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The Consumer Benchmarks in the Unfair Commercial Practices Directive by Bram B. Duivenvoorde Pdf

This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

Author : Willem H. van Boom,Amandine Garde,Orkun Akseli
Publisher : Unknown
Page : 271 pages
File Size : 43,6 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:1010874624

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The European Unfair Commercial Practices Directive by Willem H. van Boom,Amandine Garde,Orkun Akseli Pdf

Author : European Commission. Directorate-General for Health and Consumer Protection
Publisher : Unknown
Page : 36 pages
File Size : 45,6 Mb
Release : 2006
Category : Competition, Unfair
ISBN : UOM:39015069162710

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The Unfair Commercial Practices Directive by European Commission. Directorate-General for Health and Consumer Protection Pdf

Recoge:1. Time for clear legislation - 2. Unfair commercial practices - 3. Who is concerned? - 4. The black list - 5. Implementing the directive.

Author : Geraint G. Howells,Hans-W. Micklitz,Thomas Wilhelmsson
Publisher : Ashgate Publishing Company
Page : 295 pages
File Size : 40,7 Mb
Release : 2006
Category : Law
ISBN : 0754645894

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European Fair Trading Law by Geraint G. Howells,Hans-W. Micklitz,Thomas Wilhelmsson Pdf

This volume is concerned with explaining the Unfair Commercial Practices Directive, exploring the many ambiguities in its drafting and considering its implications for trading and consumer protection within Europe as well as the relationship between European and national trade practices law.

Author : Mateja Durovic
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 44,6 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781782258124

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European Law on Unfair Commercial Practices and Contract Law by Mateja Durovic Pdf

The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.

Author : Stephen Weatherill,Ulf Bernitz
Publisher : Bloomsbury Publishing
Page : 290 pages
File Size : 43,9 Mb
Release : 2007-02-07
Category : Law
ISBN : 9781847313478

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The Regulation of Unfair Commercial Practices under EC Directive 2005/29 by Stephen Weatherill,Ulf Bernitz Pdf

This book represents the fruit of a conference held in Oxford on March 3, 2006 under the auspices of the Institute of European and Comparative Law in the Oxford University Law Faculty. Directive 2005/29 is an important new measure in the construction of a legal framework apt to promote an integrated economic space in the European Union. It establishes a harmonised regime governing the control of unfair commercial practices. As such it represents an important exercise in the use of new rules and new techniques, and therefore poses new challenges to EU lawyers. The purpose of this book is to inform and to explore the issues raised by the Directive, issues which are of academic and practical interest, in helping to understand the evolution of European consumer law within the broader programme of European market regulation. The intense practical significance of this Directive, which heralds a new regime, is likely to provoke commercial operators to seek to exploit opportunities to pursue practices previously suppressed.

Author : Hugh Collins
Publisher : Kluwer Law International B.V.
Page : 317 pages
File Size : 51,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122247

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The Forthcoming EC Directive on Unfair Commercial Practices by Hugh Collins Pdf

To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the Internet. The essays in this volume critically examine the proposed Directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic implications of a legal duty to trade fairly in the context of general contract law, the protection of consumers, and the needs of competition policy. The distinguished authors of these essays, from Finland, Germany, Italy, The Netherlands, Spain, and the United Kingdom, explain the different approaches of national legal systems to the legal regulation of marketing practices, and assess the compatibility of the proposed Directive with national law and its likely success in achieving the promotion of trade in the Single Market. About the authorHugh Collins is Professor of English Law at the London School of Economics. He studied law at Oxford and Harvard. He has published extensively in the field of contract law including The Law of Contract 4th ed (London, Butterworths, 2003), and Regulating Contracts (Oxford, Oxford University Press, 1999).

Author : Bram Benjamin Duivenvoorde
Publisher : Unknown
Page : 281 pages
File Size : 43,8 Mb
Release : 2014
Category : Electronic
ISBN : 9462592195

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The Consumer Benchmarks in the Unfair Commercial Practices Directive by Bram Benjamin Duivenvoorde Pdf

Author : Rogier W. De Vrey
Publisher : BRILL
Page : 399 pages
File Size : 42,9 Mb
Release : 2006
Category : Law
ISBN : 9789004150409

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Towards a European Unfair Competition Law by Rogier W. De Vrey Pdf

The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.

Author : Bert Keirsbilck
Publisher : Hart Publishing
Page : 766 pages
File Size : 51,8 Mb
Release : 2011-06-24
Category : Law
ISBN : 1849461848

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The New European Law of Unfair Commercial Practices and Competition Law by Bert Keirsbilck Pdf

Since 2005 the law of unfair commercial practices has undergone a revolution. This book presents the first comprehensive and critical examination of Directives 2005/29/EC concerning unfair business-to-consumer commercial practices and 2006/114/EC concerning misleading and comparative advertising. The book offers the first detailed analysis of the various ways in which the two Directives have been transposed in the United Kingdom, Germany, the Netherlands, Belgium and France, with a particular focus on incorrect transposition. The analysis includes an overview of the enforcement possibilities before national courts and authorities, and as such will be a valuable source for all practitioners, policy makers and academics working in the field of unfair trade law. Ultimately the aim of the book is to expound a sound interpretation of the relationship between unfair trade law and competition law in Europe, and it therefore engages in an original examination of these two cornerstones of European economic law. The author argues that unfair trade law and competition law should be understood as 'living apart together' - complementary but autonomous and sometimes even conflicting.

Author : Frauke Henning-Bodewig
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 55,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041123299

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Unfair Competition Law by Frauke Henning-Bodewig Pdf

The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 52,6 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781107072374

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European Consumer Access to Justice Revisited by Stefan Wrbka Pdf

This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?