The Regulation of Unfair Commercial Practices under EC Directive 2005/29 New Rules and New Techniques

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Format: Hardcover
Pub. Date: 2007-02-07
Publisher(s): Hart Publishing
List Price: $121.60

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Summary

This book represents the fruit of a conference held in Oxford on March 3, 2006 under the auspices of the Institute of European and Comparative Law in the Oxford University Law Faculty. Directive 2005/29 is an important new measure in the construction of a legal framework apt to promote an integrated economic space in the European Union. It establishes a harmonised regime governing the control of unfair commercial practices. As such it represents an important exercise in the use of new rules and new techniques, and therefore poses new challenges to EU lawyers. The purpose of this book is to inform and to explore the issues raised by the Directive, issues which are of academic and practical interest, in helping to understand the evolution of European consumer law within the broader programme of European market regulation. The intense practical significance of this Directive, which heralds a new regime, is likely to provoke commercial operators to seek to exploit opportunities to pursue practices previously suppressed.

Author Biography

Stephen Weatherill is the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College.
Ulf Bernitz is Professor of European Law at Stockholm University and Fellow of the Institute of European and Comparative Law and at St Hilda's College, Oxford.

Table of Contents

Introductionp. 1
The Unfair commercial practices directive and its general prohibitionp. 11
The unfair commercial practices directive : its scope, ambitions and relation to the law of unfair competitionp. 33
An end to fragmentation? : the unfair commercial practices directive from the perspective of the new member states from Central and Eastern Europep. 47
The Unfair Commercial Practices Directive in contextp. 91
Unfair commercial practices directive - a missed opportunity?p. 103
Who is the 'average consumer'?p. 115
The relationship of the Unfair Commercial Practices Directive to European and national contract lawsp. 139
The Unfair Commercial Practices Directive and its consequences for the regulation of sales promotion and the law of unfair competitionp. 159
The case for reclaiming European unfair competition law from Europe's consumer lawyersp. 175
Unfair commercial practices : stamping out misleading packagingp. 191
The challenges posed by the implementation of the Directive into domestic law - a UK perspectivep. 215
Transborder law enforcement - does it exist?p. 235
Directive 2005/29.ECp. 255
Table of Contents provided by Blackwell. All Rights Reserved.

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