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





The Contributions Gathered in This CollectionDeveloping Efficient Enforcement Designs in Misleading AdvertisingCodes of Conduct as Benchmark of FairnessThe Effects of Vulnerability on ProtectionDoing Away with the Strict SeparationEnforcementProvided There Is an Unfair Commercial Practice and the Scope of Application of the Unfair Terms Directive Is Opened UpBibliographyBibliographyLaw and Economics of Enforcing Misleading Advertising Laws: Incentives of Bona and Mala Fide Traders AssessedThe UCPD and Codes of Conduct: Incentive or Disincentive?The Honest and Responsible Use of Codes of Conduct Litigation before a CADRDesign SuggestionsUnfair Commercial Practices as an Indication of Unfair Contract TermsUnfair Commercial Practices and Contract Law - Divided or United?Old Thinking - Old Member States - vs. New Thinking - New Member States?AddendumThe Penalties for Exploiting Consumer VulnerabilityEx officioCan the UCP Directive Really Be a Vector of Legal Certainty?EU-Wide Codes of ConductBreaking Boxes - A Common Approach?Europeanization of Criminal Enforcement Through the 'General Clause'The 2003 Antitrust Regulation (1/2003)A Common Approach to the Enforcement of Unfair Commercial Practices and Unfair Contract TermsPrivate Enforcement: Stipulations of the Principle of EffectivenessThe 2002 Amended Commission Proposal for a Sales Promotions RegulationInternational CasesA Plurality of Vulnerable Consumers in EU Consumer LawCoordination of Private and Public EnforcementThe Legal Questions in Perenicova and InvitelI. Implementation, Approximation and HarmonizationLegal Certainty beyond the UCP Directive: The Relationship between the Directive and Other Instruments of EU LawImpact on Misleading Unfair Commercial Practices (Incorrect Statement on the Annual Percentage Rate) and of a Collective Action on Unilateral Price Amendment Terms on Individual ContractsCodes of Conduct and the Enforcement of the UCPD StandardsThe Treatment of VulnerabilityLegal Certainty within the UCP DirectivePre-emption of National Prohibitions of Sale Below Cost: Some Reflections on EU Law between the Past and the FutureThe National Blacklists: Take the Bull by the HornsThe Fragmented Consideration of the Vulnerable Consumer in Other Provisions of EU LawPublic and/or Private Enforcement: Articles 11-13 of the UCP DirectivePreventive ControlUK Implementation of the Unfair Commercial Practices DirectiveIII. The UCP Directive and Other RegimesTowards a Common Approach to Unfair Terms and Unfair Commercial PracticesImplementation, Approximation and HarmonizationMaximum Harmonization PrincipleThe UCPD and Self-Regulation of Commercial Practices Directed to ConsumersThe FrameworkThe Interaction between the Unfair Commercial Practices Directive and Self-Regulation: The Case of Codes of ConductAcknowledgementsBeyond the Action for Injunction - Skimming-Off ProceduresExtension of Res Judicata through Reference to Article 11 of Directive 2005/29/EC?Minimum Harmonization and the Limits of Europeanization: The Case of Financial ServicesBibliographyConcluding RemarksConstitutionalization of RemediesBibliographyExtension of Res Judicata to Third Parties and/or to the Term?Preliminary ConsiderationsThree Recurring ThemesGaps in the Enforcement of Unfair Commercial PracticesVulnerabilityJudicial Approaches to EuropeanizationUK Implementation: Techniques and EuropeanizationSome Illustrative CasesFull HarmonizationStrengthening Private EnforcementCodes of Conduct and the Interpretation of the UCPD StandardsFleshing out the Provisions of the UCP Directive: From Horizontal to Sectoral ProvisionsThe Interpretation of the Blacklisted Prohibitions: The Work Is Going at a Snail's PaceThe 2005 Unfair Commercial Practices Directive (2005/29)Amendment ProposalsThe United KingdomEnforcement IssuesThree ConditionsOptimizing the Interplay between Codes of Conduct and the UCPDThe Extension of Res Judicata as a Minimum Requirement for Member StatesFull Harmonization, Minimum Harmonization and Limits to Europeanization: Financial ServicesSelf-RegulationCodes of Conduct's Contribution to Consumer Protection as a Benchmark of FairnessThe Future of the Blacklist: Change Horses in Midstream?The 1993 Keck and Mithouard JudgmentOn the Way to an Approximation of the Control Methodology (from Blacklists to General Clauses) in Both Fields of Law via the ECJThe UCP Directive and Other RegimesFranceCriminal Law Enforcement'Without Prejudice... 'to Legal Certainty? Delineating the Scope of the UCP Directive and Its Relationship with Other Provisions of EU LawA New Reading of Collective Actions against Unfair TermsThe Potential to Increase Standards of Protection Relative to Pre-existing UK LawThe Blacklist of Unfair Commercial Practices: The Black Sheep, Red Herring or White Elephant of the Unfair Commercial Practices Directive?The General Clauses of Unfairness as a Source of Fragmentation?Private or Public Enforcement of the UCP Directive? Sanctions and Remedies to Prevent Unfair Commercial PracticesPrivate and Public Enforcement in Cross-Border CasesTension between Autonomy, Empowerment and ProtectionFair CodesFuture Answers?On the Way to a Coherent InterpretationEnforceable Codes of ConductThe Emergence of the Notion of the Vulnerable ConsumerInterlocking of Individual and Collective Redress via Article 7 Para 2 of Directive 93/13/EECStriving for Individual Rights against Unfair Commercial PracticesPresent AnswersCriminal Sanctions: Tradition, Rationales, Policies and OperationSpontaneous Europeanization of Private LawThe Black List as a Source of Increased Certainty?Requirements of EU lawThe NetherlandsDevising New CodesSelf-Regulation's Contribution to Fulfilling the Harmonization ObjectiveThe Rise and Decline of German Law as a Blueprint for European ActionThe european unfair commercial practices directiveII. VulnerabilityThe Commission's Initial Wish for European Codes of ConductInjunction and Skimming Off- Divided or United?The Vulnerable Consumer in the UCPD and Other Provisions of EU LawEuropeanization of Preventive Enforcement through the 'General Clause'Converging National Private Standards of FairnessThe FutureThe UCP DirectiveOutlookEuropean Codes of ConductIntervention of an Administrative AgencyBibliographyBibliographyImplications for Member StatesNotes on ContributorsPrivate and Public EnforcementCollective Action and Individual Action - United or Divided?The European Blacklist: Dark Horse or Wolf in Sheep's ClothingUCPD Unfairness Concepts and RequirementsThe Recourse to Self-Regulatory BodiesPast AnswersThe Action for an Injunction as a European RemedyCodes of Conduct's Contribution to Consumer Protection: The Enforcement of the UCPD By Code OwnersCodes of Conduct and the Professional Diligence-TestEffects of Collectively Prohibited Unfair Commercial Practices on Standardized Contractual Relations?Litigation before a Civil CourtIV. EnforcementThe Family Resemblance of Unfair Terms and Unfair Commercial Practices
 
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