Landmark Cases of EU Consumer Law

The selected cases in this book on consumer law are without exception landmark decisions. The authors approach the cases – which generally have been commented upon quite extensively in legal doctrine already – from a novel and personal perspective.
Author(s):
Evelyne Terryn, Gert Straetmans, Veerle Colaert
book | published | 1st edition
September 2013 | xliv + 779 pp.

Hardback
€160.-


ISBN 9781780681856

Details

This unique book tells the story of the coming of age of EU consumer law, a legal domain that hasn’t ceased to expand in depth and scope during the last 20 years.

However, this book has not been conceived by the editors as an exercise in nostalgia. The contributions offer ample food for thought about the challenges awaiting consumer law in the years to come.

The selected cases in this book are therefore without exception landmark decisions. What this volume doesn’t offer however, is an exhaustive overview of EU consumer law jurisprudence. It doesn’t aspire to be a textbook covering all aspects of consumer law. Rather, the authors have approached the cases – some of which have been commented upon quite extensively in legal doctrine already – from a novel and personal perspective, sometimes coloured by the contributor’s particular background, concerns and interest. Very often, the cases have been used as a point of departure to point out a development in EU and / or national consumer law.

The result of the contributors’ efforts does not only read as splendid anthology but it will be read and continued to be read by anyone interested in EU consumer law.


About this book
‘[This is a book] that delivers a brilliant overview of the state of and developments in European consumer law. It invites the reader familiar with this area of law to further reading and is a beautiful introduction for students.’
V. Mak in Tijdschrift voor consumentenrecht en handelspraktijken (2014) 213

Chapters

Table of Contents (p. 0)

Chapter 1. The Consumer: Notion and Image

Theme I. Consumer Image: Linguistic, Cultural and Social Differences (p. 1)

Theme II. The Average Consumer’s Degree of Attention in Trade Mark Cases (p. 21)

Theme III. Consumer/Citizen Access to Information – A New Fundamental Right under the EU Charter (p. 35)

Theme IV. Consumer Notion: Natural or Legal Persons and Mixed Contracts (p. 53)

Theme V. Consumer Notion: Suretyship (p. 73)

Theme VI. Protection of the ‘Vulnerable’ Consumer of Financial Services (p. 83)

Chapter 2. Consumer Protection, Free Movement and Harmonisation

Theme I. Market Access and Proportionality (p. 95)

Theme II. Free Movement of Goods, Market Access and Consumer Protection (p. 119)

Theme III. Prohibitions on Doorstep Selling, Itinerant Selling and Canvassing and the Free Movement of Goods and Services (p. 145)

Theme IV. Minimum Harmonisation and Consumer Law – Choice of Legal Basis (p. 173)

Theme V. Language Requirements and Labelling (p. 199)

Theme VI. Damaging Coherence, Disenfranchising Consumers? Some Reflections on Faccini Dori at Twenty (p. 225)

Theme VII. Protection of Consumers against Discrimination: the Test-Achats Ruling (p. 239)

Theme VIII. Discrimination and Restriction in Direct Taxes: Building Blocks of the Internal Market (p. 259)

Theme IX. Restrictions on Exports and Consumer Protection (p. 277)

Chapter 3. Consumer Protection through Product Liability

Theme I. Level and Scope of Harmonisation of the Directive – Survival of National Product Liability Regimes? (p. 291)

Theme II. Defences (p. 307)

Theme III. Heads of Damage (p. 315)

Chapter 4. Consumer Protection and Unfair Commercial Practices

Theme I. Consumer Protection and Fair Trading Merge as Public Interest Grounds (p. 329)

Theme II. The Notion of Comparative Advertising (p. 345)

Theme III. Comparative Advertising: Price Comparisons (p. 359)

Theme IV. Comparative Advertising and Use of Trade Marks: Confusion, Imitation and Unfair Advantage (p. 373)

Theme V. Keyword Advertising, Consumer Protection, Fair Trade and Intellectual Property (p. 403)

Theme VI. Combined Offers (p. 427)

Theme VII. Sales Periods (p. 447)

Theme VIII. B2C and B2B – Consumer/Competitor Protection (p. 461)

Theme IX. Interpretation of Blacklisted Practices (p. 477)

Theme X. Misleading Omissions/Invitation to Purchase (p. 487)

Chapter 5. Consumer Contract Law and Enforcement

Theme I. Information Requirements and the Internet (p. 509)

Theme II. The Effects of the Consumer’s Withdrawal from the Contract (p. 523)

Theme III. Right of Withdrawal – Interoperability of Directives (p. 545)

Theme IV. The Notion of Damage in EU Consumer Contract Law (p. 559)

Theme V. Unfair Contract Terms – Scope of Control of Unfair Terms (Core Terms Included or Excluded?) (p. 581)

Theme VI. Consumer Protection and Procedural Justice (p. 615)

Theme VII. Unfair Contract Terms – Revising the Content of a Term (p. 625)

Theme VIII. Unfair Contract Terms – Public Interest Litigation before European Courts (p. 633)

Theme IX. Unfair Contract Terms – Effect of Collective Proceedings (p. 653)

Theme X. Unfair Contract Terms – Statutory Provisions, Price Increase Terms and the Role of the CJEU (p. 677)

Theme XI. Consumer Sales – Remedies (p. 701)

Theme XII. Consumer Sales – The Weber-Putz Case-Law: From Traditional to Modern Contract Law (p. 725)

Theme XIII. Out-of-Court Dispute Settlement (p. 743)

Table of Cases (p. 765)