European Law on Unfair Commercial Practices and Contract Law

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European Law on Unfair Commercial Practices and Contract Law

By Mateja Durovic
Hart Publishing July 2016

Specifications

ISBN-13
9781782258117
Publisher
Hart Publishing
Publication
July 2016
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanization of private law in the European Union, and in particular of contract law.

Table of Contents

1. Introduction
Setting the Scene
Structure of the Book
Two Branches of EU Consumer Law
Europeanisation of the Law on Unfair Commercial Practices
The Regulatory Framework of the UCPD
The Maximum Harmonisation Character of the Directive 3
The Notion of Commercial Practice
Europeanisation of Contract Law
The Role of Article 3(2) UCPD

2. The Average Consumer
Introduction: Which Consumer is Protected by EU Law?
The Protected Consumer Under the UCPD
Two Definitions of Consumer
The Average Consumer Between the Two Goals of the UCPD
Three Components of the Defi nition of an Average Consumer
The Interpretation of the Average Consumer Under the UCPD
The Distinction Between the Average Consumer and Vulnerable Consumer
The Protected Consumer Under Consumer Contract Law
Lack of a Clear Standard of the Protected Consumer
The Need for a Standard of the Consumer
EU Primary Law and the Notion of the Consumer
EU Primary Law and the Understanding of the Consumer
EU Secondary Law and the Standard of the Consumer
The Analysis of Post-UCPD Secondary Law on Consumer Protection

3. The Duty to Trade Fairly
Introduction: General Duty to Trade Fairly in EU Consumer Law
Duty to Trade Fairly Under Directive 2005/29/EC
The Defi nition of the General Clause
The Purpose of the General Clause and its Functions
The Two Limbs of the General Clause
The Requirements of Professional Diligence
Requirements of Good Faith and Honest Market Practice
The Scope of Application of the Duty to Trade Fairly
Material Distortion of a Consumer's Economic Behaviour
The Duty to Trade Fairly in Consumer Contract Law
The Impact of the Duty to Trade Fairly in Contract Law
Commercial Practices and Contract
Good Faith and the National Legal Traditions of Member States
Good Faith in European Contract Law
The Meaning of Good Faith Under the UCPD
The Horizontal Effects of the Duty to Trade Fairly on Consumer Contracts
The Signifi cance of the Judgment in Perenicová
The Meaning of the Duty to Trade Fairly in Consumer Contract Law

4. The Duty of Information
Introduction: A Universal European Duty of Information
The Duty of Information Under the UCPD
The Three Small General Clauses of the Directive
Introduction of the General Duty of Information
Materiality of Information
Transactional Decision
The Context in which Information is Provided
Duty of Information in Consumer Contract Law
The Paradigm of the Informed Consumer
Two Rationales for the Duty of Information
Duty of Information in National Contract Law
Duty of Information in European Contract Law
Information Requirements in Contract Law after the UCPD
The Invitation to Purchase

5. Remedies
Introduction: Remedies and Enforcement in EU Consumer Law
Remedies and Enforcement Under Directive 2005/29/EC
General Approach towards Enforcement by the UCPD
Collective Enforcement
Individual Enforcement
Impact on Existing Contract Law Remedies
Adoption of New Contract Law Remedies
Remedies Under Consumer Contract Law
Contract Law Remedies of European Contract Law
Directive 93/13/EEC on Unfair Contract Terms
Directive 2011/83/EU on Consumer Rights
Directive 1999/44/EC on Consumer Sales and Associated Guarantees

6. Conclusions
The Main Concluding Observations
The Average Consumer
The Duty to Trade Fairly
The Duty of Information
Remedies
Europeanisation of Contract Law Through the UCPD
Impact on Contract Law Concepts
The Refi ned Means of Impact
The Signifi cance of Innovative Legal Terminology
Summation of the Book
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