Enforcing Consumer and Capital Markets Law

This book critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions on the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors: the Dieselgate.
Editor(s):
Beate Gsell, Thomas M.J. Möllers
book | published | 1st edition
August 2020 | xxxii + 514 pp.

Hardback

€124.-

ISBN 9781780689647




Publication date: August 31, 2020

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ISBN 9781839700521

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Publication date: August 31, 2020

Details

Enforcing Consumer and Capital Markets Law: The Diesel Emissions Scandal is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both consumers and investors, this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America.

Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take effective steps against the violation of their rights in their respective jurisdictions. The following is examined: law enforcement by public institutions, law enforcement by private parties and overlaps as well as hybrids and connections between both areas. A particular focus is given to collective redress, that is representative actions and model case proceedings. Comments from renowned practitioners sharing their experiences are included throughout the book.

Separate concluding comparative chapters have two different aims: A comparative analysis of the legal solutions with a supranational European Union level focus provides invaluable insights into best practices and effectiveness. In addition, an intradisciplinary comparison assesses and evaluates the effectiveness of consumer law vs capital markets law mechanisms. Furthermore mechanisms of competition law and company law are taken into account.

With contributions by Willem H. van Boom (University of Leiden), Peter Cashman (3 Wentworth Chambers; University of New South Wales), Tanja Domej (University of Zurich), Marcello Gaboardi (Bocconi University Milan), Beate Gsell (Ludwig-Maximilians-Universität Munich; Munich Higher Regional Court), Jutta Gurkmann (Verbraucherzentrale Bundesverband e.V.), Patrick Honegger-Müntener (University of Zurich), Emmanuel Jeuland (University Paris 1 Panthéon-Sorbonne), Remigijus Jokubauskas (Court of Appeal of Lithuania), Georg E. Kodek (Vienna University of Economics and Business), Lene Kohl (Osborne Clarke, Berlin), Petra Leupold (VKI-Academy), Claudia Lima Marques (Federal University of Rio Grande do Sul), Caroline Meller-Hannich (Martin-Luther-University Halle-Wittenberg), Thomas M.J. Möllers (University of Augsburg), Charlotte M.D.S. Pavillon (University of Groningen), Anders Schäfer (Kammeradvokaten/Poul Schmidt, Copenhagen; University of Copenhagen), Amy J. Schmitz (University of Missouri), John Sorabji (Nine St John Street Chambers; University College London), Henrique Sousa Antunes (Catholic University of Portugal), Egidija Tamošiūnienė (Court of Appeal of Lithuania; University of Vilnius), Rüdiger Veil (Ludwig-Maximilians-Universität Munich), Maximilian Weiss (TILP Litigation, Kirchentellinsfurt), Tong Zhang (China University of Political Science and Law).
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Prof. Dr. BEATE GSELL holds the Chair for Civil Law, Civil Procedure, European Private and Procedural Law at the Ludwig-Maximilians-University of Munich (LMU), Germany. She is also a Judge at the OLG (Higher Regional Court) in Munich and member of the management board of the Munich Center for Dispute Resolution (MuCDR). She was appointed as permanent member of the Jean-Monnet-Centre of Excellence on European Integration (INspiRE).

Prof. Dr. THOMAS M.J. MÖLLERS holds the Chair of Civil Law, Commercial Law, European Law, International Private Law and Comparative Law, Jean-Monnet-Chair ad personam at the University of Augsburg, Germany. He is the coordinator of the EU-funded Jean-Monnet-Centre of Excellence on European Integration – Rule of Law and Enforcement (INspiRE) and founder of Caplaw, a database on German and European Economic Law (www.caplaw.eu). He is Managing Director of the Augsburg Centre for European Legal Studies CELOS).


Table of Contents

Table of contents and preliminary pages (p. 0)

Beate Gsell, Thomas M.J. Möllers

Introduction

Introduction (p. 1)

Europe

Austria: Consumer Law (p. 11)

Austria: Capital Markets Law (p. 29)

Denmark (p. 51)

France (p. 71)

Germany (p. 93)

England and Wales (p. 119)

Italy (p. 151)

Lithuania (p. 181)

Netherlands (p. 203)

Portugal (p. 221)

Beyond Europe

Australia (p. 255)

Brazil (p. 291)

China: Consumer Law (p. 315)

United States (p. 339)

The Supranational Perspective

Enforcing Consumer Law in Europe and Beyond: Similarities and Differences (p. 363)

Private Enforcement in european Capital Markets Law: Perspectives for a Reform at the Example of the Obligation to Disclose Inside Information (p. 405)

Legal Practice Perspective

Practitioner Comment on consumer Law Enforcement in Europe (p. 425)

A Qualified Entities Comment on Consumer Law Enforcement (p. 439)

Securities Litigation against VW and Porsche: The 10 Billion Euro Marathon Walk (p. 449)

Intradisciplinary Analysis and Reform Recommendations

The Diesel Emissions Scandal - Perspectives of Consumer Law and Capital Markets Law Enforcement: An Intradisciplinary Analysis (p. 463)