The Images Of The Consumer In Eu Law

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The Images of the Consumer in EU Law

Dorota Leczykiewicz,Stephen Weatherill
The Images of the Consumer in EU Law Book PDF

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 50,6 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781509900367

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The Images of the Consumer in EU Law by Dorota Leczykiewicz,Stephen Weatherill Pdf

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

Research Handbook on EU Consumer and Contract Law

Christian Twigg-Flesner
Research Handbook on EU Consumer and Contract Law Book PDF

Author : Christian Twigg-Flesner
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 51,8 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782547372

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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:

Rethinking EU Consumer Law

Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Rethinking EU Consumer Law Book PDF

Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 54,9 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321

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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.

EU Consumer Law and Policy

Stephen Weatherill
EU Consumer Law and Policy Book PDF

Author : Stephen Weatherill
Publisher : Edward Elgar Publishing
Page : 351 pages
File Size : 44,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857936981

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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.

The Transformation of Consumer Law and Policy in Europe

Hans-W Micklitz,Christian Twigg-Flesner
The Transformation of Consumer Law and Policy in Europe Book PDF

Author : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 55,5 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963034

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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.

EU Consumer Law and Human Rights

Iris Benöhr
EU Consumer Law and Human Rights Book PDF

Author : Iris Benöhr
Publisher : OUP Oxford
Page : 272 pages
File Size : 53,9 Mb
Release : 2013-12-19
Category : Law
ISBN : 9780191650659

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EU Consumer Law and Human Rights by Iris Benöhr Pdf

Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and jurisprudence that this may be changing. The Lisbon Treaty contains provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which in turn adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals. This book provides the first comprehensive analysis of these developments and examines new avenues that may be opening for consumer law, focusing on three key areas: financial services, electronic communication and access to justice. Through a systematic analysis of relevant cases, the book traces the development of a human rights dimension in consumer law and details the ramifications that the post-Lisbon legal framework may have on consumer protection and policy. This book concludes by proposing new directions in consumer law, striking a compromise between social and economic demands.

The Making of Consumer Law and Policy in Europe

Hans-W Micklitz
The Making of Consumer Law and Policy in Europe Book PDF

Author : Hans-W Micklitz
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 48,9 Mb
Release : 2021-11-04
Category : Law
ISBN : 9781509944859

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The Making of Consumer Law and Policy in Europe by Hans-W Micklitz Pdf

This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective. This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.

The Images of the Consumer in EU Law

Dorota Leczykiewicz,Stephen Weatherill
The Images of the Consumer in EU Law Book PDF

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 42,6 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781509900374

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The Images of the Consumer in EU Law by Dorota Leczykiewicz,Stephen Weatherill Pdf

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

Consumer Protection, Automated Shopping Platforms and EU Law

Christiana N. Markou
Consumer Protection Automated Shopping Platforms and EU Law Book PDF

Author : Christiana N. Markou
Publisher : Routledge
Page : 312 pages
File Size : 41,8 Mb
Release : 2019-09-10
Category : Law
ISBN : 9781317052838

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Consumer Protection, Automated Shopping Platforms and EU Law by Christiana N. Markou Pdf

This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the ‘shopping’ activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a ‘safe’ shopping environment to the e-consumer.

European Fair Trading Law

Professor Geraint Howells,Professor Hans W Micklitz,Professor Thomas Wilhelmsson
European Fair Trading Law Book PDF

Author : Professor Geraint Howells,Professor Hans W Micklitz,Professor Thomas Wilhelmsson
Publisher : Ashgate Publishing, Ltd.
Page : 312 pages
File Size : 40,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496106

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European Fair Trading Law by Professor Geraint Howells,Professor Hans W Micklitz,Professor 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.

Consumer Law

Hans W Micklitz,Jules Stuyck,Evelyn Terryn
Consumer Law Book PDF

Author : Hans W Micklitz,Jules Stuyck,Evelyn Terryn
Publisher : Hart Publishing
Page : 688 pages
File Size : 55,9 Mb
Release : 2010-03-05
Category : Law
ISBN : 1841137499

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Consumer Law by Hans W Micklitz,Jules Stuyck,Evelyn Terryn Pdf

The objective of this casebook, like others in the Ius Commune Series, is to help uncover common roots, notwithstanding differences in approach, of the European legal systems, with a view to strengthening the common legal heritage of Europe. The casebook covers the big legal families in the EU and contains judgments from the supreme courts and other courts of the Member States. In view of the importance of EC legislation (eg harmonisation directives and regulations) in this field, the consumer law casebook contains much material derived from Community law, such as extracts from directives (eg on unfair contract terms, distance selling, doorstep selling, product liability, unfair commercial pratices etc) and judgments of the ECJ and national court decisions. Furthermore, attention is paid to the way in which, when interpreting EC directives in the consumer field, the ECJ refers to concepts common to the legal systems of the Member States and how the courts of the Member States incorporate the concepts found in the directives (as interpreted by the ECJ) in their legal systems. The casebook also compares harmonised and pre-harmonised law, especially in the case law of the Member States. The casebook concentrates on private law in the field of consumer protection but also addresses topics, in particular in the field of enforcement, that are primarily a matter of public law. Please click on the link below to visit the series website: http://www.casebooks.eu/consumerLaw

The Active Role of Courts in Consumer Litigation

Anthi Beka
The Active Role of Courts in Consumer Litigation Book PDF

Author : Anthi Beka
Publisher : Unknown
Page : 375 pages
File Size : 53,7 Mb
Release : 2018
Category : Consumer protection
ISBN : 1780687672

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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.

The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions

Rasmus Dalgaard Laustsen
The Average Consumer in Confusion based Disputes in European Trademark Law and Similar Fictions Book PDF

Author : Rasmus Dalgaard Laustsen
Publisher : Springer Nature
Page : 435 pages
File Size : 47,6 Mb
Release : 2019-11-06
Category : Law
ISBN : 9783030263508

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The Average Consumer in Confusion-based Disputes in European Trademark Law and Similar Fictions by Rasmus Dalgaard Laustsen Pdf

This book contends that, with regard to the likelihood of confusion standard, European trademark law applies the average consumer incoherently and inconsistently. To test this proposal, it presents an analysis of the horizontal and vertical level of harmonization of the average consumer. The horizontal part focuses on similar fictions in areas of law adjacent to European trademark law (and in economics), and the average consumer in unfair competition law. The vertical part focuses on European trademark law, represented mainly by EU trademark law, and the trademark laws of the UK, Sweden, Denmark and Norway. The book provides readers with a better understanding of key aspects of European trademark law (the average consumer applied as part of the likelihood of confusion standard) and combines relevant law and practices with theoretical content and other related areas of law (and economics). Accordingly, it is an asset for policymakers and practitioners, as well as general readers with an interest in intellectual property law and theory.

Understanding EU Consumer Law

Hans-W. Micklitz,Norbert Reich,Peter Rott
Understanding EU Consumer Law Book PDF

Author : Hans-W. Micklitz,Norbert Reich,Peter Rott
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2009
Category : Consommateurs - Protection - Droit - Pays de l'Union européenne
ISBN : 9050957765

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Understanding EU Consumer Law by Hans-W. Micklitz,Norbert Reich,Peter Rott Pdf

"Consumer law now constitutes a separate subject matter which the authors Hans-W. Micklitz and Norbert Reich tried to analyse in ... the fourth German edition of 'Europäisches Verbraucherrecht' of 2003... For the English edition, the authors, in cooperation with the publisher, decided to prepare a comprehensive version which we call 'Understanding European Consumer Law'..."--P. v.

Private Power, Online Information Flows and EU Law

Angela Daly
Private Power Online Information Flows and EU Law Book PDF

Author : Angela Daly
Publisher : Bloomsbury Publishing
Page : 184 pages
File Size : 49,6 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781509900640

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Private Power, Online Information Flows and EU Law by Angela Daly Pdf

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Using a series of illustrative case studies, of Internet provision, search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study. This study will appeal to EU competition lawyers and media lawyers.