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





Public and/or Private Enforcement: Articles 11-13 of the UCP DirectiveSpontaneous Europeanization of Private LawThree Recurring ThemesThe Action for an Injunction as a European RemedyA Common Approach to the Enforcement of Unfair Commercial Practices and Unfair Contract TermsImplications for Member StatesThe 2002 Amended Commission Proposal for a Sales Promotions RegulationThe Future of the Blacklist: Change Horses in Midstream?UCPD Unfairness Concepts and RequirementsMinimum Harmonization and the Limits of Europeanization: The Case of Financial ServicesThe 2005 Unfair Commercial Practices Directive (2005/29)Towards a Common Approach to Unfair Terms and Unfair Commercial PracticesThe 2003 Antitrust Regulation (1/2003)BibliographyA Plurality of Vulnerable Consumers in EU Consumer LawCodes of Conduct's Contribution to Consumer Protection: The Enforcement of the UCPD By Code OwnersUnfair Commercial Practices as an Indication of Unfair Contract TermsOn the Way to a Coherent InterpretationThe NetherlandsExtension of Res Judicata to Third Parties and/or to the Term?Converging National Private Standards of FairnessBreaking Boxes - A Common Approach?BibliographyFuture Answers?The Treatment of VulnerabilityCodes of Conduct as Benchmark of FairnessUK Implementation of the Unfair Commercial Practices DirectiveEuropean Codes of ConductThe Recourse to Self-Regulatory BodiesThe General Clauses of Unfairness as a Source of Fragmentation?The Black List as a Source of Increased Certainty?The Extension of Res Judicata as a Minimum Requirement for Member StatesExtension of Res Judicata through Reference to Article 11 of Directive 2005/29/EC?AddendumOld Thinking - Old Member States - vs. New Thinking - New Member States?Present AnswersThe Vulnerable Consumer in the UCPD and Other Provisions of EU LawStriving for Individual Rights against Unfair Commercial PracticesThe FutureEuropeanization of Preventive Enforcement through the 'General Clause'Coordination of Private and Public EnforcementThe Blacklist of Unfair Commercial Practices: The Black Sheep, Red Herring or White Elephant of the Unfair Commercial Practices Directive?BibliographyFranceSelf-RegulationDoing Away with the Strict SeparationThe European Blacklist: Dark Horse or Wolf in Sheep's ClothingThe National Blacklists: Take the Bull by the HornsBibliographyThe 1993 Keck and Mithouard JudgmentPrivate Enforcement: Stipulations of the Principle of EffectivenessDeveloping Efficient Enforcement Designs in Misleading AdvertisingNotes on ContributorsAmendment ProposalsCodes of Conduct and the Enforcement of the UCPD StandardsEuropeanization of Criminal Enforcement Through the 'General Clause'The UCPD and Codes of Conduct: Incentive or Disincentive?A New Reading of Collective Actions against Unfair TermsThree ConditionsFull Harmonization, Minimum Harmonization and Limits to Europeanization: Financial ServicesCodes of Conduct and the Professional Diligence-TestPrivate or Public Enforcement of the UCP Directive? Sanctions and Remedies to Prevent Unfair Commercial PracticesThe United KingdomThe Interaction between the Unfair Commercial Practices Directive and Self-Regulation: The Case of Codes of ConductInternational CasesBibliographySelf-Regulation's Contribution to Fulfilling the Harmonization ObjectiveSome Illustrative CasesProvided There Is an Unfair Commercial Practice and the Scope of Application of the Unfair Terms Directive Is Opened UpThe Contributions Gathered in This CollectionPreliminary Considerations'Without Prejudice... 'to Legal Certainty? Delineating the Scope of the UCP Directive and Its Relationship with Other Provisions of EU LawConstitutionalization of RemediesCodes of Conduct and the Interpretation of the UCPD StandardsOn the Way to an Approximation of the Control Methodology (from Blacklists to General Clauses) in Both Fields of Law via the ECJPrivate and Public EnforcementMaximum Harmonization PrincipleI. Implementation, Approximation and HarmonizationCriminal Sanctions: Tradition, Rationales, Policies and OperationBibliographyThe Penalties for Exploiting Consumer VulnerabilityUnfair Commercial Practices and Contract Law - Divided or United?The Commission's Initial Wish for European Codes of ConductThe Rise and Decline of German Law as a Blueprint for European ActionLegal Certainty beyond the UCP Directive: The Relationship between the Directive and Other Instruments of EU LawII. VulnerabilityThe UCP Directive and Other RegimesThe Honest and Responsible Use of Codes of Conduct Strengthening Private EnforcementVulnerabilityThe Legal Questions in Perenicova and InvitelEx officioLitigation before a CADRThe Fragmented Consideration of the Vulnerable Consumer in Other Provisions of EU LawThe european unfair commercial practices directiveThe Emergence of the Notion of the Vulnerable ConsumerEnforcement IssuesEU-Wide Codes of ConductCriminal Law EnforcementThe Potential to Increase Standards of Protection Relative to Pre-existing UK LawImplementation, Approximation and HarmonizationCollective Action and Individual Action - United or Divided?OutlookPast AnswersOptimizing the Interplay between Codes of Conduct and the UCPDLegal Certainty within the UCP DirectiveThe Interpretation of the Blacklisted Prohibitions: The Work Is Going at a Snail's PaceFleshing out the Provisions of the UCP Directive: From Horizontal to Sectoral ProvisionsGaps in the Enforcement of Unfair Commercial PracticesCan the UCP Directive Really Be a Vector of Legal Certainty?Design SuggestionsTension between Autonomy, Empowerment and ProtectionEffects of Collectively Prohibited Unfair Commercial Practices on Standardized Contractual Relations?Judicial Approaches to EuropeanizationIII. The UCP Directive and Other RegimesLaw and Economics of Enforcing Misleading Advertising Laws: Incentives of Bona and Mala Fide Traders AssessedImpact on Misleading Unfair Commercial Practices (Incorrect Statement on the Annual Percentage Rate) and of a Collective Action on Unilateral Price Amendment Terms on Individual ContractsAcknowledgementsFull HarmonizationEnforceable Codes of ConductBeyond the Action for Injunction - Skimming-Off ProceduresIntervention of an Administrative AgencyEnforcementConcluding RemarksThe Effects of Vulnerability on ProtectionUK Implementation: Techniques and EuropeanizationPrivate and Public Enforcement in Cross-Border CasesInterlocking of Individual and Collective Redress via Article 7 Para 2 of Directive 93/13/EECInjunction and Skimming Off- Divided or United?Fair CodesRequirements of EU lawThe Family Resemblance of Unfair Terms and Unfair Commercial PracticesPreventive ControlDevising New CodesThe FrameworkPre-emption of National Prohibitions of Sale Below Cost: Some Reflections on EU Law between the Past and the FutureThe UCP DirectiveLitigation before a Civil CourtIV. EnforcementThe UCPD and Self-Regulation of Commercial Practices Directed to ConsumersCodes of Conduct's Contribution to Consumer Protection as a Benchmark of Fairness
 
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