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 | forthcoming | 1st edition
August 2020 | xi + 429 pp.

Hardback
€124.-


ISBN 9781780689647



Publication date: August 31, 2020

Details

Enforcing Consumer and Capital Market 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 the United States of America, Brazil, China, Australia, the United Kingdom, the Netherlands, Denmark, Germany, Austria, France, Italy, Portugal and Lithuania.

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 will be 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 market law mechanisms. Furthermore mechanisms of competition law and company law are taken into account.

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

There are no separate chapters available for this publication.