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Vol 21 No 11 Nov/Dec 2016

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The European Unfair Commercial Practices Directive: Impact, Enforcement Strategies and National Legal Systems

Edited by: Willem van Boom, Amandine Garde, Orkun Akseli

ISBN13: 9781472423405
Published: September 2014
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £75.00



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Also available as
£62.50
+ £12.50 VAT

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice.

Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States.

This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Subjects:
Commercial Law, Consumer Law
Contents:
Preface
Introduction, Willem van Boom, Amandine Garde and Orkun Akseli.

Part I Implementation, Approximation and Harmonization: UK implementation of the Unfair Commercial Practices Directive, Marios Koutsias and Chris Willett
Pre-emption of national prohibitions of sale below cost: some reflections on EU law between the past and the future, Bert Keirsbilck
The Blacklist of Unfair Commercial Practices: the black sheep, red herring or white elephant of the Unfair Commercial Practices Directive? Monika Namysowska.

Part II Vulnerability: The vulnerable consumer in the UCPD and other provisions of EU law, Marine Friant-Perrot.

Part III The UCP Directive and Other Regimes: Can the UCP Directive really be a vector of legal certainty? Amandine Garde
The interaction between the Unfair Commercial Practices Directive and self-regulation: the case of codes of conduct, Charlotte Pavillon
A common approach to the enforcement of unfair commercial practices and unfair contract terms, Hans.-W. Micklitz.

Part IV Enforcement: Law and economics of enforcing misleading advertising laws: incentives of bona and mala fide traders assessed, Franziska Weber
Private or public enforcement of the UCP Directive? sanctions and remedies to prevent unfair commercial practices, Dorte Poelzig.

Index.

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