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The Eu Unfair Commercial Practices Directive
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Book Synopsis The European Unfair Commercial Practices Directive by : Willem van Boom
Download or read book The European Unfair Commercial Practices Directive written by Willem van Boom and published by Routledge. This book was released on 2016-02-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Consumer Benchmarks in the Unfair Commercial Practices Directive by : Bram B. Duivenvoorde
Download or read book The Consumer Benchmarks in the Unfair Commercial Practices Directive written by Bram B. Duivenvoorde and published by Springer. This book was released on 2015-05-11 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Fair Trading Law by : Geraint Howells
Download or read book European Fair Trading Law written by Geraint Howells and published by Routledge. This book was released on 2016-04-22 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Law on Unfair Commercial Practices and Contract Law by : Mateja Durovic
Download or read book European Law on Unfair Commercial Practices and Contract Law written by Mateja Durovic and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :European Commission. Directorate-General for Health and Consumer Protection Publisher : ISBN 13 : Total Pages :36 pages Book Rating :4.3/5 (91 download)
Book Synopsis The Unfair Commercial Practices Directive by : European Commission. Directorate-General for Health and Consumer Protection
Download or read book The Unfair Commercial Practices Directive written by European Commission. Directorate-General for Health and Consumer Protection and published by . This book was released on 2006 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge:1. Time for clear legislation - 2. Unfair commercial practices - 3. Who is concerned? - 4. The black list - 5. Implementing the directive.
Book Synopsis The Regulation of Unfair Commercial Practices under EC Directive 2005/29 by : Stephen Weatherill
Download or read book The Regulation of Unfair Commercial Practices under EC Directive 2005/29 written by Stephen Weatherill and published by Bloomsbury Publishing. This book was released on 2007-02-07 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Posting of Workers in EU Law by : Matteo Bottero
Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Book Synopsis Understanding EU Consumer Law by : Hans-W. Micklitz
Download or read book Understanding EU Consumer Law written by Hans-W. Micklitz and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka
Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2015 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Book Synopsis Law Against Unfair Competition by : Reto Hilty
Download or read book Law Against Unfair Competition written by Reto Hilty and published by Springer Science & Business Media. This book was released on 2007-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.
Book Synopsis Towards a European Unfair Competition Law by : Rogier W. De Vrey
Download or read book Towards a European Unfair Competition Law written by Rogier W. De Vrey and published by BRILL. This book was released on 2006 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Sustainable Tourism Contracts by : Sara Landini
Download or read book Sustainable Tourism Contracts written by Sara Landini and published by Springer Nature. This book was released on 2021-10-14 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the various sustainability issues that the tourism industry has faced over time like the trend from over-tourism to under-tourism or from tourism in increasingly distant destinations to a new local tourism with new needs. It also highlights how contracts, both between businesses and those with consumers, can represent tools for the financial, ecological and social sustainability of the tourism industry.
Book Synopsis Special Protection of Trade Marks with a Reputation under European Union Law by : Michal Bohaczewski
Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.
Book Synopsis EU Consumer Law and Human Rights by : Iris Benöhr
Download or read book EU Consumer Law and Human Rights written by Iris Benöhr and published by OUP Oxford. This book was released on 2013-12-19 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Unfair Competition Law by : Frauke Henning-Bodewig
Download or read book Unfair Competition Law written by Frauke Henning-Bodewig and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking EU Consumer Law by : Geraint Howells
Download or read book Rethinking EU Consumer Law written by Geraint Howells and published by Routledge. This book was released on 2017-07-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Collective Enforcement of Consumer Law by : W. H. van Boom
Download or read book Collective Enforcement of Consumer Law written by W. H. van Boom and published by ISBS. This book was released on 2007 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge : 1. Collective private enforcement of consumer law. 2. Public and privatu transnational conforcemenment of EU consumer law. -- 3. Enforcement of consumers' collective interests by regulatory agencies in the Nordics countries. -- 4. The Dutcht consumer authority. -- 5. Enforcement of collective consumer interest : a competition law perspective. -- 6. Should consumer protection law be publicly enforced? An economic perspective on EC Regulation 2006/2004 and its implementattion in the consumer protection laws of the Member States. -- 7. Collectivism : evaluating the effectiveness of public and private models for regulating consumer protection. -- 8. Collective enforcement of consumer law in Europe ; private, public, and collective mechanisms.