The european unfair commercial practices directive

As the Unfair Commercial Practices Directive has had a profound impact on consumer law across Europe, a stock-taking of its effects is urgently needed. Such an assessment is offered by this book. It contains a convincing analysis of key issues like vulnerability, the relationship to other regimes and enforcement.

Thomas Wilhelmsson, Chancellor of the university of Helsinki, Finland

This book does an excellent job in picking out the principal tensions, challenges and evolving practices associated with Directive 2005/29 on unfair commercial practices, an intriguing measure which seeks to establish a common European understanding of 'unfairness' while also closing off the possibility of EU Member States choosing to apply stricter standards.

Stephen Weatherill, oxford university, uK

The 2005 Unfair Commercial Practices Directive is a watershed in EU regulation of consumer markets. This book, written by experts in EU consumer law, provides insightful and incisive analyses of the emerging policy questions, issues of interpretation and debates on enforcement encountered in the implementation of the Directive throughout the EU.

Iain Ramsay, university of Kent, uK

This volume offers a timely analysis of the experience with the Unfair Commercial Practices and its full harmonisation character several years after it has come into force. It provides a welcome scholarly discussion of many of the post-implementation challenges which have been identified and provides interesting observations for the future development of this area of law.

Christian Twigg-flesner, university of HuII, uK

Markets and the Law

Series Editor: Geraint Howells, University of Manchester, UK

Series Advisory Board: Stefan Grundmann - Humboldt University of Berlin, Germany, and European University Institute, Italy Hans Micklitz - Bamberg University, Germany James P. Nehf - Indiana University, USA Iain Ramsay - Kent Law School, UK Charles Rickett - University of Queensland, Australia Reiner Schulze - Munster University, Germany Jules Stuyck - Katholieke Universiteit Leuven, Belgium

Stephen Weatherill - University of Oxford, UK Thomas Wilhelmsson - University of Helsinki, Finland

Markets and the Law is concerned with the way the law interacts with the market through regulation, self-regulation and the impact of private law regimes. It looks at the impact of regional and international organizations (e.g. EC and WTO) and many of the works adopt a comparative approach and/or appeal to an international audience. Examples of subjects covered include trade laws, intellectual property, sales law, insurance, consumer law, banking, financial markets, labour law, environmental law and social regulation affecting the market as well as competition law. The series includes texts covering a broad area, monographs on focused issues, and collections of essays dealing with particular themes.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The Library of Congress has cataloged the printed edition as follows:

The European Unfair Commercial Practices Directive: Impact, Enforcement Strategies and National Legal Systems / By Willem van Boom, Amandine Garde and Orkun Akseli. p. cm.—(Markets and the Law) Includes bibliographical references and index.

1. Competition, Unfair—Law and legislation—European Union countries. 2. Consumer protection—Law and legislation—European Union countries. I. Boom, W. H. van, editor of compilation. II. Garde, Amandine, author editor of compilation. III. Akseli, N. Orkun (Nazim Orkun) editor of compilation.

List of Abbreviations

ACM Authority Consumer and Market (the Netherlands)

ADR Alternative Dispute Resolution

AJA Administration of Justice Act

ASA Advertising Standards Authority (UK)

CA Consumer Authority (the Netherlands)

CADR Consumer Alternative Dispute Resolution

DGCCRF Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (France)

EASA European Advertising Standards Alliance

FCA Financial Conduct Authority

FSA Financial Services Authority

OFT Office of Fair Trading (UK)*

TCF Treating Customers Fairly

TDA Trade Descriptions Act

*N.B. From 31 March 2014, the powers of the Office of Fair Trading (OFT) were transferred to a number of other bodies, including, most importantly, to the Competition and Markets Authority and, in the case of financial services, to the Financial Conduct Authority.

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