European Fair Trading Law

European Fair Trading Law PDF

Author: Geraint Howells

Publisher: Routledge

Published: 2016-04-22

Total Pages: 312

ISBN-13: 1317139666

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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.

European Fair Trading Law

European Fair Trading Law PDF

Author: Geraint G. Howells

Publisher: Ashgate Publishing Company

Published: 2006

Total Pages: 295

ISBN-13: 9780754645894

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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.

The European Unfair Commercial Practices Directive

The European Unfair Commercial Practices Directive PDF

Author: Willem van Boom

Publisher: Routledge

Published: 2016-02-11

Total Pages: 284

ISBN-13: 1317033167

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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.

The Consumer Benchmarks in the Unfair Commercial Practices Directive

The Consumer Benchmarks in the Unfair Commercial Practices Directive PDF

Author: Bram B. Duivenvoorde

Publisher: Springer

Published: 2015-05-11

Total Pages: 244

ISBN-13: 331913924X

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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.

European Law on Unfair Commercial Practices and Contract Law

European Law on Unfair Commercial Practices and Contract Law PDF

Author: Mateja Durovic

Publisher: Bloomsbury Publishing

Published: 2016-07-28

Total Pages: 240

ISBN-13: 1782258124

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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.

Handbook on European Competition Law

Handbook on European Competition Law PDF

Author: Ioannis Lianos

Publisher: Edward Elgar Publishing

Published: 2013-10-31

Total Pages: 688

ISBN-13: 1781006024

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This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

Fair Trading in EC Law

Fair Trading in EC Law PDF

Author: Malek Radeideh

Publisher: ISBS

Published: 2005

Total Pages: 368

ISBN-13: 9789076871400

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Fair trading, that is to say the idea of a fair market-behavioral standard in the pre-contractual relationship between business and consumers, has played a fundamental role in EC law since the very beginning of the Community. After early attempts at horizontal harmonization failed, a piecemeal legislative approach was adopted, and has resulted in an inharmonious coexistence of numerous sectoral Community measures concerning fair trading. At the same time, the European Court of Justice has developed in its case law a general concept of fair trading on the basis of the EC Treaty provisions on free movement. The author provides a systematic and comprehensive analysis of primary law as interpreted by the European Court of Justice in its relevant case law and of Community legislation pertaining to fair trading. He demonstrates that the countless specific fair trading rules are based on a common general concept of fair trading. The author thus unveils a principle of fair trading in the acquis communautaire, which he defines not only in content but also in scope, proving it to be a general principle of Internal Market law.