European Fair Trading Law: The Unfair Commercial Practices Directive (Google eBook)

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Ashgate Publishing, Ltd., Feb 28, 2013 - Law - 312 pages
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This volume provides an introduction to the Unfair Commercial Practices Directive and relates it to the existing acquis and the traditions within the member states as well as looking at the impact of its implementation.
  

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Contents

The Community Acquis
9
The Preparation of the Directive and Major Points of Debate
19
MINIMUMMAXIMUM HARMONISATION AND THE INTERNAL
27
SCOPE OF THE DIRECTIVE
49
f Some Explicit Additional Delimitations
70
ii Intellectual property rights
71
iv Health and safety
74
v Other Community rules
76
iv Consequences arising from the lack of Europeanised professional diligence
102
i Economic behaviour informed and transactional decisions
103
the autonomy of the consumer
104
iii The subjective side of the distortion intent and fault
105
iv The relevance of the materiality criterion
106
v The practical significance of the materiality threshold
107
vi Actual or potential distortion
109
vii Causality between the distortion and the process of taking the decision
110

vi National rules based on minimum clause
77
viii Regulated professions
78
ix Financial services and immovable property
80
THE GENERAL CLAUSE ON UNFAIR PRACTICES HansW Micklitz
83
b The Structure of the General Clause in the Unfair Commercial Practices Directive
84
i Threefold structure
85
ii Consequences and questions arising from the threefold structure
86
ii European fairness as an autonomous concept
88
iii European fairness and national morals
91
iv Taste and decency
95
v National cultures
96
Requirements of Professional Diligence
97
i Criticism of the conceptual approach
98
ii National European and intemational professional diligence
100
iii The significance of professional diligence for misleading and aggressive commercial practices
101
MISLEADING PRACTICES
121
Misleading Omissions
147
Practices That Are Always Regarded as Unfair
158
e Understanding Misleading Practices
164
b Aggressive Practices
171
CODES OF CONDUCT
195
LEGAL REDRESS
217
Procedure and Remedies
228
CONCLUSIONS
241
Traders Costs and Risks
250
United in Diversity
256
174
289
261
295
Copyright

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Page 9 - Treaty does not further specify the term 'measures having equivalent effect', the case-law of the ECJ is essential for the interpretation of that term. Initially, the ECJ ruled that all trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade...
Page xvi - Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters or of the 1980 Rome Convention on the law applicable to contractual obligations'.
Page 11 - The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value', or the protection of industrial or commercial property.
Page 11 - ... necessary in order to satisfy mandatory requirements relating in particular to the effectiveness of fiscal supervision, the protection of public health, the fairness of commercial transactions and the defence of the consumer.

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About the author (2013)

Geraint Howells is Professor of Law at Manchester University, UK and Barrister Gough Squre Chambers, UK. He has written widely on consumer law issues and his books include: Consumer Product Safety, (Ashgate, 1998); Consumer Protection Law , (2nd Edition, Ashgate, 2005); and EC Consumer Law, (Ashgate, 1997). He frequently acts as consultant for organisations such as the European Commission, DTI and NCC and is a member of the European Consumer Law Group. He is currently editor of the Yearbook of Consumer Law and Markets and Law series for Ashgate publishers. Hans-W. Micklitz is Jean Monnet Chair of Private Law and European Economic Law at the University of Bamberg, Germany and Head of the Institute of European and Consumer Law (VIEW). His work includes: studies of law and sociology in Mainz, Lausanne/Geneva, Giessen and Hamburg; consultancies for OECD in Paris, UNEP Geneva Switzerland/Nairobi Kenya and CI (Consumers International) as well as study visits at the University of Michigan, USA. Miclitz is also Jean Monnet Fellow at the European University Institute Florence, Italy and visiting professor at the University of Oxford. He has been head of the Scientific Committee on Consumer and Nutrition Policy at the Ministry of Consumer Protection, Nutrition and Agriculture since 2003. Dr Thomas Wilhelmsson is Professor of Civil and Commercial Law at the University of Helsinki, Finland. He is Vice-rector of the University and in charge of international affairs. Professor Wilhelmsson has published law books and articles in twelve languages. His main books in English are Social Contract Law and European Integration (Ashgate,1995) and EC Consumer Law (with Geraint Howells: Ashgate, 1997). For ten years he was a member of the Finnish Market Court and is actively engaged in commercial arbitration. He is a member of the Commission on European Contract Law (the Lando-Commission) and the Acquis group and has been awarded the title Doctor iuris honoris causa by the Uppsala, Oslo and Tartu Universities.

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