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Home arrow Law arrow The European Unfair Commercial Practices Directive

A short course of lectures
«European Unfair Commercial Practices Directive»





Can the UCP Directive Really Be a Vector of Legal Certainty?The Future of the Blacklist: Change Horses in Midstream?The Interpretation of the Blacklisted Prohibitions: The Work Is Going at a Snail's PaceThe Honest and Responsible Use of Codes of Conduct The United KingdomThe Effects of Vulnerability on ProtectionPreliminary ConsiderationsMaximum Harmonization PrincipleRequirements of EU lawInternational CasesTension between Autonomy, Empowerment and ProtectionConverging National Private Standards of FairnessDesign SuggestionsExtension of Res Judicata through Reference to Article 11 of Directive 2005/29/EC?Injunction and Skimming Off- Divided or United?Europeanization of Preventive Enforcement through the 'General Clause'Provided There Is an Unfair Commercial Practice and the Scope of Application of the Unfair Terms Directive Is Opened UpUK Implementation: Techniques and EuropeanizationCriminal Sanctions: Tradition, Rationales, Policies and OperationEnforcement IssuesGaps in the Enforcement of Unfair Commercial PracticesUCPD Unfairness Concepts and RequirementsThe Penalties for Exploiting Consumer VulnerabilityExtension of Res Judicata to Third Parties and/or to the Term?Unfair Commercial Practices and Contract Law - Divided or United?The european unfair commercial practices directiveThe NetherlandsIV. EnforcementThe European Blacklist: Dark Horse or Wolf in Sheep's ClothingFleshing out the Provisions of the UCP Directive: From Horizontal to Sectoral ProvisionsThe National Blacklists: Take the Bull by the HornsEnforceable Codes of ConductImpact on Misleading Unfair Commercial Practices (Incorrect Statement on the Annual Percentage Rate) and of a Collective Action on Unilateral Price Amendment Terms on Individual ContractsThe 2003 Antitrust Regulation (1/2003)Legal Certainty within the UCP DirectiveCriminal Law EnforcementA Plurality of Vulnerable Consumers in EU Consumer LawFair CodesBibliographyCodes of Conduct's Contribution to Consumer Protection as a Benchmark of FairnessII. VulnerabilityThe 2002 Amended Commission Proposal for a Sales Promotions RegulationThe 2005 Unfair Commercial Practices Directive (2005/29)The Rise and Decline of German Law as a Blueprint for European ActionPrivate or Public Enforcement of the UCP Directive? Sanctions and Remedies to Prevent Unfair Commercial PracticesThe Blacklist of Unfair Commercial Practices: The Black Sheep, Red Herring or White Elephant of the Unfair Commercial Practices Directive?Past AnswersDoing Away with the Strict SeparationCodes of Conduct and the Interpretation of the UCPD StandardsConstitutionalization of RemediesThe FrameworkCollective Action and Individual Action - United or Divided?Present AnswersEnforcementThe FutureLitigation before a CADRA New Reading of Collective Actions against Unfair TermsLitigation before a Civil CourtPre-emption of National Prohibitions of Sale Below Cost: Some Reflections on EU Law between the Past and the FutureBreaking Boxes - A Common Approach?Preventive ControlI. Implementation, Approximation and HarmonizationOptimizing the Interplay between Codes of Conduct and the UCPDBeyond the Action for Injunction - Skimming-Off ProceduresThe Extension of Res Judicata as a Minimum Requirement for Member StatesEuropean Codes of ConductSpontaneous Europeanization of Private LawBibliographyThree Recurring ThemesBibliographyPrivate and Public Enforcement in Cross-Border CasesConcluding RemarksBibliographyCodes of Conduct and the Professional Diligence-TestTowards a Common Approach to Unfair Terms and Unfair Commercial PracticesA Common Approach to the Enforcement of Unfair Commercial Practices and Unfair Contract TermsFuture Answers?The Emergence of the Notion of the Vulnerable ConsumerThe Recourse to Self-Regulatory BodiesUnfair Commercial Practices as an Indication of Unfair Contract TermsEx officioFull HarmonizationPrivate and Public EnforcementImplementation, Approximation and HarmonizationIntervention of an Administrative AgencyThe UCP DirectiveNotes on ContributorsThe Black List as a Source of Increased Certainty?Striving for Individual Rights against Unfair Commercial PracticesThe Potential to Increase Standards of Protection Relative to Pre-existing UK LawOutlookMinimum Harmonization and the Limits of Europeanization: The Case of Financial ServicesVulnerabilityIII. The UCP Directive and Other RegimesThe UCPD and Self-Regulation of Commercial Practices Directed to ConsumersUK Implementation of the Unfair Commercial Practices DirectivePublic and/or Private Enforcement: Articles 11-13 of the UCP DirectiveAmendment ProposalsEuropeanization of Criminal Enforcement Through the 'General Clause'The UCPD and Codes of Conduct: Incentive or Disincentive?Interlocking of Individual and Collective Redress via Article 7 Para 2 of Directive 93/13/EECSelf-RegulationOn the Way to an Approximation of the Control Methodology (from Blacklists to General Clauses) in Both Fields of Law via the ECJCodes of Conduct and the Enforcement of the UCPD StandardsBibliographyCodes of Conduct's Contribution to Consumer Protection: The Enforcement of the UCPD By Code OwnersThe Vulnerable Consumer in the UCPD and Other Provisions of EU LawLegal Certainty beyond the UCP Directive: The Relationship between the Directive and Other Instruments of EU LawJudicial Approaches to Europeanization'Without Prejudice... 'to Legal Certainty? Delineating the Scope of the UCP Directive and Its Relationship with Other Provisions of EU LawThe Contributions Gathered in This CollectionAddendumAcknowledgementsThe Legal Questions in Perenicova and InvitelThe UCP Directive and Other RegimesCoordination of Private and Public EnforcementThe Family Resemblance of Unfair Terms and Unfair Commercial PracticesSelf-Regulation's Contribution to Fulfilling the Harmonization ObjectiveStrengthening Private EnforcementThe Action for an Injunction as a European RemedyFull Harmonization, Minimum Harmonization and Limits to Europeanization: Financial ServicesThe Commission's Initial Wish for European Codes of ConductFranceEffects of Collectively Prohibited Unfair Commercial Practices on Standardized Contractual Relations?Some Illustrative CasesOn the Way to a Coherent InterpretationPrivate Enforcement: Stipulations of the Principle of EffectivenessEU-Wide Codes of ConductDevising New CodesThe General Clauses of Unfairness as a Source of Fragmentation?Old Thinking - Old Member States - vs. New Thinking - New Member States?The Treatment of VulnerabilityBibliographyThe 1993 Keck and Mithouard JudgmentThe Fragmented Consideration of the Vulnerable Consumer in Other Provisions of EU LawLaw and Economics of Enforcing Misleading Advertising Laws: Incentives of Bona and Mala Fide Traders AssessedThe Interaction between the Unfair Commercial Practices Directive and Self-Regulation: The Case of Codes of ConductDeveloping Efficient Enforcement Designs in Misleading AdvertisingCodes of Conduct as Benchmark of FairnessImplications for Member StatesThree Conditions
 
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