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European Unfair Commercial Practices Directive

The european unfair commercial practices directiveNotes on ContributorsAcknowledgementsThe UCP DirectiveThree Recurring ThemesTension between Autonomy, Empowerment and ProtectionMaximum Harmonization PrincipleEnforcementThe Contributions Gathered in This CollectionImplementation, Approximation and HarmonizationVulnerabilityThe UCP Directive and Other RegimesEnforcement IssuesOutlookBibliographyI. Implementation, Approximation and HarmonizationUK Implementation of the Unfair Commercial Practices DirectiveIntroductionUK Implementation: Techniques and EuropeanizationUCPD Unfairness Concepts and RequirementsPreventive ControlEuropeanization of Preventive Enforcement through the 'General Clause'Criminal Sanctions: Tradition, Rationales, Policies and OperationEuropeanization of Criminal Enforcement Through the 'General Clause'Spontaneous Europeanization of Private LawFull Harmonization, Minimum Harmonization and Limits to Europeanization: Financial ServicesFull HarmonizationMinimum Harmonization and the Limits of Europeanization: The Case of Financial ServicesJudicial Approaches to EuropeanizationThe Potential to Increase Standards of Protection Relative to Pre-existing UK LawSome Illustrative CasesThe FutureAddendumBibliographyPre-emption of National Prohibitions of Sale Below Cost: Some Reflections on EU Law between the Past and the FutureIntroductionPast AnswersThe 1993 Keck and Mithouard JudgmentThe 2002 Amended Commission Proposal for a Sales Promotions RegulationPresent AnswersThe 2005 Unfair Commercial Practices Directive (2005/29)The 2003 Antitrust Regulation (1/2003)Future Answers?BibliographyThe 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 PokeThe European Blacklist: Dark Horse or Wolf in Sheep's ClothingThe National Blacklists: Take the Bull by the HornsThe Interpretation of the Blacklisted Prohibitions: The Work Is Going at a Snail's PaceThe Future of the Blacklist: Change Horses in Midstream?Conclusions: Hit the Bull's-EyeBibliographyII. VulnerabilityThe Vulnerable Consumer in the UCPD and Other Provisions of EU LawIntroductionThe Emergence of the Notion of the Vulnerable ConsumerA Plurality of Vulnerable Consumers in EU Consumer LawThe Fragmented Consideration of the Vulnerable Consumer in Other Provisions of EU LawThe Effects of Vulnerability on ProtectionThe Treatment of VulnerabilityThe Penalties for Exploiting Consumer VulnerabilityConclusionBibliographyIII. The UCP Directive and Other RegimesCan the UCP Directive Really Be a Vector of Legal Certainty?IntroductionLegal Certainty within the UCP DirectiveThe 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 LawFleshing 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 LawConclusionBibliographyThe Interaction between the Unfair Commercial Practices Directive and Self-Regulation: The Case of Codes of ConductIntroductionThe UCPD and Self-Regulation of Commercial Practices Directed to ConsumersThe Commission's Initial Wish for European Codes of ConductThe Honest and Responsible Use of Codes of Conduct Codes of Conduct as Benchmark of FairnessThe Recourse to Self-Regulatory BodiesThe UCPD and Codes of Conduct: Incentive or Disincentive?Codes of Conduct's Contribution to Consumer Protection as a Benchmark of FairnessCodes of Conduct and the Professional Diligence-TestFranceThe NetherlandsThe United KingdomConclusionCodes of Conduct's Contribution to Consumer Protection: The Enforcement of the UCPD By Code OwnersThree ConditionsDevising New CodesFair CodesEnforceable Codes of ConductConcluding RemarksSelf-Regulation's Contribution to Fulfilling the Harmonization ObjectiveConverging National Private Standards of FairnessEU-Wide Codes of ConductAmendment ProposalsOptimizing the Interplay between Codes of Conduct and the UCPDCodes of Conduct and the Interpretation of the UCPD StandardsCodes of Conduct and the Enforcement of the UCPD StandardsEuropean Codes of ConductBibliographyA Common Approach to the Enforcement of Unfair Commercial Practices and Unfair Contract TermsBreaking Boxes - A Common Approach?The Rise and Decline of German Law as a Blueprint for European ActionOld Thinking - Old Member States - vs. New Thinking - New Member States?The Legal Questions in Perenicova and InvitelImpact on Misleading Unfair Commercial Practices (Incorrect Statement on the Annual Percentage Rate) and of a Collective Action on Unilateral Price Amendment Terms on Individual ContractsUnfair 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 PracticesOn the Way to an Approximation of the Control Methodology (from Blacklists to General Clauses) in Both Fields of Law via the ECJOn the Way to a Coherent InterpretationDoing Away with the Strict SeparationProvided There Is an Unfair Commercial Practice and the Scope of Application of the Unfair Terms Directive Is Opened UpUnfair Commercial Practices as an Indication of Unfair Contract TermsA New Reading of Collective Actions against Unfair TermsThe Action for an Injunction as a European RemedyInterlocking of Individual and Collective Redress via Article 7 Para 2 of Directive 93/13/EECExtension of Res Judicata to Third Parties and/or to the Term?The Extension of Res Judicata as a Minimum Requirement for Member StatesEx officioBeyond the Action for Injunction - Skimming-Off ProceduresStriving for Individual Rights against Unfair Commercial PracticesGaps in the Enforcement of Unfair Commercial PracticesConstitutionalization of RemediesTowards a Common Approach to Unfair Terms and Unfair Commercial PracticesEffects of Collectively Prohibited Unfair Commercial Practices on Standardized Contractual Relations?Extension of Res Judicata through Reference to Article 11 of Directive 2005/29/EC?ConclusionBibliographyIV. EnforcementLaw and Economics of Enforcing Misleading Advertising Laws: Incentives of Bona and Mala Fide Traders AssessedIntroductionThe FrameworkDeveloping Efficient Enforcement Designs in Misleading AdvertisingPreliminary ConsiderationsLitigation before a Civil CourtLitigation before a CADRIntervention of an Administrative AgencyCriminal Law EnforcementSelf-RegulationDesign SuggestionsConclusionBibliographyPrivate or Public Enforcement of the UCP Directive? Sanctions and Remedies to Prevent Unfair Commercial PracticesIntroductionRequirements of EU lawPublic and/or Private Enforcement: Articles 11-13 of the UCP DirectivePrivate and Public Enforcement in Cross-Border CasesPrivate Enforcement: Stipulations of the Principle of EffectivenessImplications for Member StatesPrivate and Public EnforcementCoordination of Private and Public EnforcementStrengthening Private EnforcementInternational CasesConclusionBibliography