The European Unfair Commercial Practices Directive -

The european unfair commercial practices directive Notes on Contributors Acknowledgements The UCP Directive Three Recurring Themes Tension between Autonomy, Empowerment and Protection Maximum Harmonization Principle Enforcement The Contributions Gathered in This Collection Implementation, Approximation and Harmonization Vulnerability The UCP Directive and Other Regimes Enforcement Issues Outlook Bibliography I. Implementation, Approximation and Harmonization UK Implementation of the Unfair Commercial Practices Directive Introduction UK Implementation: Techniques and Europeanization UCPD Unfairness Concepts and Requirements Preventive Control Europeanization of Preventive Enforcement through the 'General Clause'Criminal Sanctions: Tradition, Rationales, Policies and Operation Europeanization of Criminal Enforcement Through the 'General Clause'Spontaneous Europeanization of Private Law Full Harmonization, Minimum Harmonization and Limits to Europeanization: Financial Services Full Harmonization Minimum Harmonization and the Limits of Europeanization: The Case of Financial Services Judicial Approaches to Europeanization The Potential to Increase Standards of Protection Relative to Pre-existing UK Law Some Illustrative Cases The Future Addendum Bibliography Pre-emption of National Prohibitions of Sale Below Cost: Some Reflections on EU Law between the Past and the Future Introduction Past Answers The 1993 Keck and Mithouard Judgment The 2002 Amended Commission Proposal for a Sales Promotions Regulation Present Answers The 2005 Unfair Commercial Practices Directive (2005/29)The 2003 Antitrust Regulation (1/2003)Future Answers?Bibliography The Blacklist of Unfair Commercial Practices: The Black Sheep, Red Herring or White Elephant of the Unfair Commercial Practices Directive?Introduction: Buy a Pig in a Poke The European Blacklist: Dark Horse or Wolf in Sheep's Clothing The National Blacklists: Take the Bull by the Horns The Interpretation of the Blacklisted Prohibitions: The Work Is Going at a Snail's Pace The Future of the Blacklist: Change Horses in Midstream?Conclusions: Hit the Bull's-Eye Bibliography II. Vulnerability The Vulnerable Consumer in the UCPD and Other Provisions of EU Law Introduction The Emergence of the Notion of the Vulnerable Consumer A Plurality of Vulnerable Consumers in EU Consumer Law The Fragmented Consideration of the Vulnerable Consumer in Other Provisions of EU Law The Effects of Vulnerability on Protection The Treatment of Vulnerability The Penalties for Exploiting Consumer Vulnerability Conclusion Bibliography III. The UCP Directive and Other Regimes Can the UCP Directive Really Be a Vector of Legal Certainty?Introduction Legal Certainty within the UCP Directive The General Clauses of Unfairness as a Source of Fragmentation?The Black List as a Source of Increased Certainty?Legal Certainty beyond the UCP Directive: The Relationship between the Directive and Other Instruments of EU Law Fleshing out the Provisions of the UCP Directive: From Horizontal to Sectoral Provisions 'Without Prejudice... 'to Legal Certainty? Delineating the Scope of the UCP Directive and Its Relationship with Other Provisions of EU Law Conclusion Bibliography The Interaction between the Unfair Commercial Practices Directive and Self-Regulation: The Case of Codes of Conduct Introduction The UCPD and Self-Regulation of Commercial Practices Directed to Consumers The Commission's Initial Wish for European Codes of Conduct The Honest and Responsible Use of Codes of Conduct Codes of Conduct as Benchmark of Fairness The Recourse to Self-Regulatory Bodies The UCPD and Codes of Conduct: Incentive or Disincentive?Codes of Conduct's Contribution to Consumer Protection as a Benchmark of Fairness Codes of Conduct and the Professional Diligence-Test France The Netherlands The United Kingdom Conclusion Codes of Conduct's Contribution to Consumer Protection: The Enforcement of the UCPD By Code Owners Three Conditions Devising New Codes Fair Codes Enforceable Codes of Conduct Concluding Remarks Self-Regulation's Contribution to Fulfilling the Harmonization Objective Converging National Private Standards of Fairness EU-Wide Codes of Conduct Amendment Proposals Optimizing the Interplay between Codes of Conduct and the UCPD Codes of Conduct and the Interpretation of the UCPD Standards Codes of Conduct and the Enforcement of the UCPD Standards European Codes of Conduct Bibliography A Common Approach to the Enforcement of Unfair Commercial Practices and Unfair Contract Terms Breaking Boxes - A Common Approach?The Rise and Decline of German Law as a Blueprint for European Action Old Thinking - Old Member States - vs. New Thinking - New Member States?The Legal Questions in Perenicova and Invitel Impact on Misleading Unfair Commercial Practices (Incorrect Statement on the Annual Percentage Rate) and of a Collective Action on Unilateral Price Amendment Terms on Individual Contracts Unfair Commercial Practices and Contract Law - Divided or United?Collective Action and Individual Action - United or Divided?Injunction and Skimming Off- Divided or United?The Family Resemblance of Unfair Terms and Unfair Commercial Practices On the Way to an Approximation of the Control Methodology (from Blacklists to General Clauses) in Both Fields of Law via the ECJ On the Way to a Coherent Interpretation Doing Away with the Strict Separation Provided There Is an Unfair Commercial Practice and the Scope of Application of the Unfair Terms Directive Is Opened Up Unfair Commercial Practices as an Indication of Unfair Contract Terms A New Reading of Collective Actions against Unfair Terms The Action for an Injunction as a European Remedy Interlocking of Individual and Collective Redress via Article 7 Para 2 of Directive 93/13/EEC Extension of Res Judicata to Third Parties and/or to the Term?The Extension of Res Judicata as a Minimum Requirement for Member States Ex officio Beyond the Action for Injunction - Skimming-Off Procedures Striving for Individual Rights against Unfair Commercial Practices Gaps in the Enforcement of Unfair Commercial Practices Constitutionalization of Remedies Towards a Common Approach to Unfair Terms and Unfair Commercial Practices Effects of Collectively Prohibited Unfair Commercial Practices on Standardized Contractual Relations?Extension of Res Judicata through Reference to Article 11 of Directive 2005/29/EC?Conclusion Bibliography IV. Enforcement Law and Economics of Enforcing Misleading Advertising Laws: Incentives of Bona and Mala Fide Traders Assessed Introduction The Framework Developing Efficient Enforcement Designs in Misleading Advertising Preliminary Considerations Litigation before a Civil Court Litigation before a CADR Intervention of an Administrative Agency Criminal Law Enforcement Self-Regulation Design Suggestions Conclusion Bibliography Private or Public Enforcement of the UCP Directive? Sanctions and Remedies to Prevent Unfair Commercial Practices Introduction Requirements of EU law Public and/or Private Enforcement: Articles 11-13 of the UCP Directive Private and Public Enforcement in Cross-Border Cases Private Enforcement: Stipulations of the Principle of Effectiveness Implications for Member States Private and Public Enforcement Coordination of Private and Public Enforcement Strengthening Private Enforcement International Cases Conclusion Bibliography