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Author: Geraint Howells Publisher: Routledge ISBN: 1317139666 Category : Law Languages : en Pages : 312
Book Description
The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
Author: Malek Radeideh Publisher: ISBS ISBN: 9789076871400 Category : Business & Economics Languages : en Pages : 368
Book Description
Fair trading, that is to say the idea of a fair market-behavioral standard in the pre-contractual relationship between business and consumers, has played a fundamental role in EC law since the very beginning of the Community. After early attempts at horizontal harmonization failed, a piecemeal legislative approach was adopted, and has resulted in an inharmonious coexistence of numerous sectoral Community measures concerning fair trading. At the same time, the European Court of Justice has developed in its case law a general concept of fair trading on the basis of the EC Treaty provisions on free movement. The author provides a systematic and comprehensive analysis of primary law as interpreted by the European Court of Justice in its relevant case law and of Community legislation pertaining to fair trading. He demonstrates that the countless specific fair trading rules are based on a common general concept of fair trading. The author thus unveils a principle of fair trading in the acquis communautaire, which he defines not only in content but also in scope, proving it to be a general principle of Internal Market law.
Author: Geraint Howells Publisher: Routledge ISBN: 1317139666 Category : Law Languages : en Pages : 312
Book Description
The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
Author: Geraint G. Howells Publisher: Ashgate Publishing Company ISBN: 9780754645894 Category : Law Languages : en Pages : 295
Book Description
This volume is concerned with explaining the Unfair Commercial Practices Directive, exploring the many ambiguities in its drafting and considering its implications for trading and consumer protection within Europe as well as the relationship between European and national trade practices law.
Author: Michael J. Trebilcock Publisher: Edward Elgar Publishing ISBN: 180088236X Category : Law Languages : en Pages : 160
Book Description
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.
Author: Willem van Boom Publisher: Routledge ISBN: 1317033167 Category : Law Languages : en Pages : 284
Book Description
One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.
Author: Laurens Jan Ankersmit Publisher: ISBN: 9781108131117 Category : Competition, Unfair Languages : en Pages :
Book Description
"This book explores how EU law constrains the freedom of the EU, the Member States, and private bodies to adopt measures that seek to protect social and environmental interests abroad by placing conditions on production processes in other states. The permissibility of such process-based measures has been examined primarily within the World Trade Organization (WTO) context, but the challenges that they present are equally for the EU internal market system. Ankersmit identifies three core challenges posed by process-based measures from an EU law perspective: extraterritoriality, unilateralism and the competitive and democratic problems created by private rule-making. It examines these issues in the context of free movement, competition, public procurement, and EU tax law. This book will appeal to academics, policy makers and practitioners interested in trade and environment, the social impact of trade law, and European and international market regulation"--
Author: Geraint Howells
Author: Malek Radeideh
Author: Geraint Howells
Author: Malek Radeideh
Author: Malek Radeideh
Author: Geraint G. Howells
Author: Michael J. Trebilcock
Author: Laurens Ankersmit
Author: Willem van Boom
Author: Hans-W. Micklitz
Author: Laurens Jan Ankersmit