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Home arrow Law arrow The European Unfair Commercial Practices Directive

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





Old Thinking - Old Member States - vs. New Thinking - New Member States?UK Implementation: Techniques and EuropeanizationCollective Action and Individual Action - United or Divided?The FutureThe Fragmented Consideration of the Vulnerable Consumer in Other Provisions of EU LawDoing Away with the Strict SeparationFull HarmonizationThe UCPD and Self-Regulation of Commercial Practices Directed to ConsumersSome Illustrative CasesPreliminary ConsiderationsConstitutionalization of RemediesThe Effects of Vulnerability on ProtectionConverging National Private Standards of FairnessCoordination of Private and Public EnforcementThe Honest and Responsible Use of Codes of Conduct European Codes of ConductUnfair Commercial Practices as an Indication of Unfair Contract TermsThe Family Resemblance of Unfair Terms and Unfair Commercial PracticesThe Extension of Res Judicata as a Minimum Requirement for Member StatesBeyond the Action for Injunction - Skimming-Off ProceduresPreventive ControlA New Reading of Collective Actions against Unfair TermsThe Legal Questions in Perenicova and InvitelSpontaneous Europeanization of Private LawBibliographyEU-Wide Codes of ConductBibliographyLitigation before a Civil CourtThe Emergence of the Notion of the Vulnerable ConsumerBreaking Boxes - A Common Approach?Notes on ContributorsBibliographyThe 2002 Amended Commission Proposal for a Sales Promotions RegulationImplementation, Approximation and HarmonizationUCPD Unfairness Concepts and RequirementsFuture Answers?Criminal Law EnforcementSelf-RegulationThe UCP Directive and Other RegimesThe Rise and Decline of German Law as a Blueprint for European ActionThe United KingdomThe 2005 Unfair Commercial Practices Directive (2005/29)The General Clauses of Unfairness as a Source of Fragmentation?Developing Efficient Enforcement Designs in Misleading AdvertisingLaw and Economics of Enforcing Misleading Advertising Laws: Incentives of Bona and Mala Fide Traders AssessedThe Recourse to Self-Regulatory BodiesCodes of Conduct's Contribution to Consumer Protection as a Benchmark of FairnessEffects of Collectively Prohibited Unfair Commercial Practices on Standardized Contractual Relations?The Black List as a Source of Increased Certainty?Extension of Res Judicata through Reference to Article 11 of Directive 2005/29/EC?EnforcementExtension of Res Judicata to Third Parties and/or to the Term?Towards a Common Approach to Unfair Terms and Unfair Commercial PracticesEuropeanization of Preventive Enforcement through the 'General Clause'I. Implementation, Approximation and HarmonizationAddendumAcknowledgementsGaps in the Enforcement of Unfair Commercial PracticesAmendment ProposalsEx officioPresent AnswersThree ConditionsRequirements of EU lawOn the Way to an Approximation of the Control Methodology (from Blacklists to General Clauses) in Both Fields of Law via the ECJThe Penalties for Exploiting Consumer VulnerabilityMaximum Harmonization Principle'Without Prejudice... 'to Legal Certainty? Delineating the Scope of the UCP Directive and Its Relationship with Other Provisions of EU LawThree Recurring ThemesBibliographyJudicial Approaches to EuropeanizationA Plurality of Vulnerable Consumers in EU Consumer LawPrivate and Public EnforcementInternational CasesThe Action for an Injunction as a European RemedyThe NetherlandsImplications for Member StatesFair CodesBibliographyUnfair Commercial Practices and Contract Law - Divided or United?The Interaction between the Unfair Commercial Practices Directive and Self-Regulation: The Case of Codes of ConductProvided There Is an Unfair Commercial Practice and the Scope of Application of the Unfair Terms Directive Is Opened UpFleshing out the Provisions of the UCP Directive: From Horizontal to Sectoral ProvisionsIII. The UCP Directive and Other RegimesFranceInjunction and Skimming Off- Divided or United?Private and Public Enforcement in Cross-Border CasesThe Vulnerable Consumer in the UCPD and Other Provisions of EU LawPrivate Enforcement: Stipulations of the Principle of EffectivenessCodes of Conduct and the Interpretation of the UCPD StandardsCriminal Sanctions: Tradition, Rationales, Policies and OperationIV. EnforcementInterlocking of Individual and Collective Redress via Article 7 Para 2 of Directive 93/13/EECSelf-Regulation's Contribution to Fulfilling the Harmonization ObjectiveConcluding RemarksMinimum Harmonization and the Limits of Europeanization: The Case of Financial ServicesPrivate or Public Enforcement of the UCP Directive? Sanctions and Remedies to Prevent Unfair Commercial PracticesStrengthening Private EnforcementThe Treatment of VulnerabilityPre-emption of National Prohibitions of Sale Below Cost: Some Reflections on EU Law between the Past and the FutureThe Potential to Increase Standards of Protection Relative to Pre-existing UK LawThe European Blacklist: Dark Horse or Wolf in Sheep's ClothingCodes of Conduct as Benchmark of FairnessImpact on Misleading Unfair Commercial Practices (Incorrect Statement on the Annual Percentage Rate) and of a Collective Action on Unilateral Price Amendment Terms on Individual ContractsCodes of Conduct and the Enforcement of the UCPD StandardsEuropeanization of Criminal Enforcement Through the 'General Clause'BibliographyThe National Blacklists: Take the Bull by the HornsThe UCP DirectiveThe 1993 Keck and Mithouard JudgmentOn the Way to a Coherent InterpretationOutlookThe Interpretation of the Blacklisted Prohibitions: The Work Is Going at a Snail's PaceII. VulnerabilityThe european unfair commercial practices directivePast AnswersTension between Autonomy, Empowerment and ProtectionEnforceable Codes of ConductThe 2003 Antitrust Regulation (1/2003)Intervention of an Administrative AgencyPublic and/or Private Enforcement: Articles 11-13 of the UCP DirectiveThe Blacklist of Unfair Commercial Practices: The Black Sheep, Red Herring or White Elephant of the Unfair Commercial Practices Directive?Striving for Individual Rights against Unfair Commercial PracticesEnforcement IssuesVulnerabilityThe FrameworkA Common Approach to the Enforcement of Unfair Commercial Practices and Unfair Contract TermsCan the UCP Directive Really Be a Vector of Legal Certainty?Devising New CodesUK Implementation of the Unfair Commercial Practices DirectiveOptimizing the Interplay between Codes of Conduct and the UCPDThe Future of the Blacklist: Change Horses in Midstream?Codes of Conduct's Contribution to Consumer Protection: The Enforcement of the UCPD By Code OwnersLegal Certainty beyond the UCP Directive: The Relationship between the Directive and Other Instruments of EU LawCodes of Conduct and the Professional Diligence-TestLegal Certainty within the UCP DirectiveFull Harmonization, Minimum Harmonization and Limits to Europeanization: Financial ServicesThe Contributions Gathered in This CollectionThe Commission's Initial Wish for European Codes of ConductLitigation before a CADRDesign SuggestionsThe UCPD and Codes of Conduct: Incentive or Disincentive?
 
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