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Spillover Effects of European Law on National Private Law: A Comparative Analysis

Edited by: Giovanni De Cristofaro, Matteo Fornasier, Fabian Klinck

ISBN13: 9781839705557
Published: July 2026
Publisher: Larcier Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £83.00



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Provisions of EU law may sometimes affect national law beyond their formal scope of application. This volume explores such ‘spillovers’ from EU private law into the Member States’ domestic law from a comparative perspective, with a special focus on the legal systems of Germany and Italy. The contributions examine whether the spillover effects produced by EU law undermine or, conversely, enhance the coherence of national private law.

The first chapter sheds light on the concept of ‘spillover effects’ and sets out the overarching research questions guiding the contributions. The next two chapters offer a broader analysis of spillover effects into national private law, while the remaining chapters deal with spillover effects in specific fields of private law, namely in relation to judicial review of unfair contract terms, sales law and, finally, competition law. Finally, an epilogue summarises the main findings.

This volume is aimed at scholars and practitioners specialised in European law, EU private law as well as comparative law.

Subjects:
Comparative Law, EU Law
Contents:
Chapter I. – Spillover Effects from the Implementation of EU Law on National Private Law – An Introduction
Section I. ‘Spillover Effects’ from EU Law into National Private Law – Some Key Features
Section II. Impact of Spillovers on National Private Law
Section III. Outline and Key Issues of the Book

Chapter II. – Implementation of EU Law and Spillover Effects from a German Perspective
Section I. Introduction
Section II. The Long Tradition of Similar Effects on the European Continent: Ius Commune and Local Laws
Section III. Some Early Examples of Spillover Effects in EU Law: The ‘Doorstep Selling’ Directive and Its Implementation into German Law
Section IV. Spillover Effects and Different Types of Internal Harmonisation on the Member State Level
Section V. Problems Caused by Internal Harmonisation and Spillover Effects
Section VI. Conclusions

Chapter III. – Implementation of EU Law and Spillover Effects – Italian Perspective
Section I. Spillover Effects on Italian Private Law. Scope and Plan of the Analysis
Section II. Constellations of EU Indirect Effects Falling Out with the Definition of ‘Spillover’
Section III. The Increasing Complexity of Italian Private Law Framework: Polycentricism; the Co-existence of Administrative Sanctions and Judicial Remedies; the Role of Alternative Dispute Resolution (ADR)
Section IV. Legislative Spillovers as Rare Implementation Technique in Italy
Section V. Judicial Spillovers
Section VI. Concluding Remarks

Chapter IV. – Spillover Effects and the Judicial Control of Contractual Clauses – The German Perspective
Section I. Introduction
Section II. Outline of the Judicial Review of Contractual Clauses Used vis-à-vis Businesses under German Law
Section III. Spillover Effects in the Implementation of the European Directive 1993/13/EEC on Unfair Terms in Consumer Contracts
Section IV. Spillover Effects from Other European Consumer Directives with Relevance for the Control of Contractual Clauses
Section V. Conclusion

Chapter V. – Remarks on the Italian Implementation of Directive 93/13
Section I. A Puzzling ‘Spillover’: Is There Anything ‘Unexpected’ in the Making of European Law? What Is Wrong with It?
Section II. The Italian and German Legal System vis-à-vis Directive 93/13: An Inverted Mirror
Section III. The Implementation of Directive 1993/13 in the Italian Legal System
Section IV. ‘Good Faith’ (Unintention, Honesty) or ‘Good Faith and Fair Dealing’ (‘Fairness’, ‘Treu und Glauben’, ‘buona fede e correttezza’)? An Attempt to Prevent Spillovers?
Section V. Two Unsuccessful ‘Spillovers’: Definition of ‘Consumer’ – Scope of Collective Injunction
Section VI. A Statutory ‘Spillover’: Asymmetric Contracts between Businesses (B2B)
Section VII. Widening of the Definition (‘Consumer’ and ‘Traveler’, ‘Consumer’ and ‘Microbusiness’)
Section VIII. A Denied Spillover: The Saga of the ‘Liability Rules’ vs. ‘Invalidity Rules’ Principle: Cass., s.u., 19 December 2007, No.
26725
Section IX. The General Theory of Contract Law and the ‘Spillover’: The Influence of the Directive 93/13 on Civil Law – A Tale of ‘Disgraceful’ Deposits and Other Occurrences
Section X. The General Theory of Contract Law and the ‘Spillover’: The Influence of the Directive 93/13 on Civil Law – Nullity, Default Rules, Legal Infrastructures
Section XI. Legal Infrastructures and Jurisprudential ‘Spillovers’: The Case of the Ex Parte Payment Order as An Example of the Influence of Directive 93/13 on Civil Procedure

Chapter VI. – The German Perspective: Implementing Directives On Consumer Sales Into General Law Of Sales
Section I. Introduction
Section II. The Consumer Sales Directive (Directive 1999/44/EC)
Section III. The Sale of Goods Directive (Directive (EU) 2019/771)
Section IV. Conclusion

Chapter VII. – General Sales Law and B2C Contracts for the Supply of Movables
Section I. Italian Legislation
Section II. Italian Case Law
Section III. Concluding Remarks

Chapter VIII. – Spillover Effects Of The UCP Directive 2005/29 in German Law
Section I. Spillover Effects of the UCP Directive in German Substantive Law
Section II. Spillover Effects of the UCP Directive on the Enforcement of Unfair Competition Law in Germany

Chapter IX. – From Unfair Competition as a Civil Offence to Unfair Commercial Practices as a Mainly Administrative One
Section I. Introduction: The Spillover Effect Theory and the Case of the Italian Implementation of UCPD
Section II. The Italian Regime on Unfair Competition
Section III. The Directive 2005/29/EU and Its Implementation
Section IV. A Public Law Intonation and a Real Spill-Over
Section V. Pseudo-Spillover Effect
Section VI. Conclusive Remarks

Chapter X. – Epilogue