- •Preface
- •Contents
- •List of Contributors
- •1. Introduction
- •1. CONSUMER LAW: THE GROWTH OF THE LEGISLATIVE ACQUIS
- •2. EC ADVERTISING LAW
- •4. NEW RULES AND NEW TECHNIQUES—AND NEW CHALLENGES
- •2. The Unfair Commercial Practices Directive and its General Prohibition
- •1. INTRODUCTION
- •2. THE SCOPE (ARTICLE 3)
- •3. INTERNAL MARKET (ARTICLE 4)
- •4. THE STRUCTURE
- •5. THE GENERAL PROHIBITION (ARTICLE 5)
- •7. ENFORCEMENT
- •8. CONCLUSIONS
- •1. SOME BASIC FEATURES
- •2. REDUCED OR RAISED LEVEL OF CONSUMER PROTECTION?
- •5. WILL FULL HARMONISATION BE ACHIEVED?
- •1. INTRODUCTION
- •3. THE FRAGMENTATION OF COMMUNITY RULES ON COMMERCIAL PRACTICES PRIOR TO THE UCPD
- •5. THE IMPACT OF ENLARGEMENT
- •6. DISENTANGLING THE LOGIC OF COMMUNITY INFLUENCE
- •7. THE UCPD AND ITS PROSPECTIVE EFFECTS ON CEE UNFAIR COMMERCIAL PRACTICES LAW: COHERENCE AT LAST?
- •1. INTRODUCTION
- •2. LEGAL BASIS
- •3. GENERAL CHARACTER OF EC CONSUMER PROTECTION RULES
- •5. FUTURE APPROACH OF THE COURT OF JUSTICE
- •6. CONCLUSION
- •1. INTRODUCTION
- •2. SOME CRITICISMS
- •3. POLICY DEBATES ON MAXIMAL HARMONISATION
- •4. THE INTERNAL MARKET CLAUSE
- •5. CONCLUSION
- •1. INTRODUCTION
- •2. THE VISION OF THE CONSUMER IN EC LAW—CONSTITUTIONAL INHIBITIONS TO THE DISCOVERY OF REGULATORY COHERENCE
- •5. THE ‘AVERAGE CONSUMER’ UNDER THE UCPD
- •6. CONCLUSION
- •8. The Relationship of the Unfair Commercial Practices Directive to European and National Contract Laws
- •1. INTRODUCTION
- •3. POSSIBLE INFLUENCES OF THE UCPD ON ‘CONTRACT LAW’
- •5. CONCLUSION
- •9. The Unfair Commercial Practices Directive and its Consequences for the Regulation of Sales Promotion and the Law of Unfair Competition
- •1. INTRODUCTION
- •2. THE DIRECTIVE IN CONTEXT
- •3. THE CASE LAW OF THE COURT OF JUSTICE ON FREE MOVEMENT IN THE AREA OF COMMERCIAL PRACTICES
- •4. THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE: B2C ONLY
- •5. THE LAW OF UNFAIR COMPETITION IN THE MEMBER STATES
- •6. NATIONAL RULES ON SALES PROMOTIONS AFTER THE UCPD
- •7. THE INFLUENCE OF ANTITRUST LAW ON THE LAW OF CONSUMER PROTECTION AND UNFAIR COMPETITION
- •8. PLEA FOR AN INTEGRATED APPROACH AT THE EC LEVEL
- •4. THE EXAMPLE OF LOOK-ALIKES
- •5. SUMMARY AND CONCLUSIONS
- •11. Unfair Commercial Practices: Stamping out Misleading Packaging
- •1. INTRODUCTION—THE THESIS OF THIS PAPER
- •3. THE COPYCAT PROBLEM
- •4. THE IMPACT ON CONSUMERS OF COPYCAT PRODUCTS
- •5. THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE
- •7. THE INTERPLAY BETWEEN PUBLIC AND PRIVATE ENFORCEMENT UNDER THE DIRECTIVE
- •1. INTRODUCTION
- •3. IMPLEMENTING THE UCPD—MAIN CHALLENGES
- •4. AFFECTED LEGISLATION
- •5. TOWARDS IMPLEMENTING THE UCPD INTO UK LAW
- •6. POST-IMPLEMENTATION ISSUES
- •7. STEPS TAKEN TOWARDS IMPLEMENTATION BY THE UK
- •8. CONCLUSIONS
- •2. THE STORY BEGINS—DISTANT SHOPPING (SWEEPSTAKES I)
- •4. REGULATION 2006/2004—NATIONALISATION (VERSTAATLICHUNG) OF LAW ENFORCEMENT
- •Appendix
- •Index
List of Contributors
Giuseppe Abbamonte is the head of the unit in the European Commission, DG SANCO, responsible for the consumer acquis, including the Unfair Commercial Practices Directive.
Antonina Bakardjieva Engelbrekt holds a degree in law from Sofia University, an LLM degree from the European University Institute, Florence, and a doctoral degree in law from Stockholm University. She is Associate Professor at Örebro and Stockholm Universities and is currently a Jean Monnet Fellow at the European University Institute, Florence. Her research focuses on European and comparative market, consumer and intellectual property law, with particular interest in the impact of Europeanisation on national law and institutions.
Ulf Bernitz is Professor of European Law at Stockholm University and Director of the Oxford/Stockholm Wallenberg Venture in European Law at the Institute of European and Comparative Law, University of Oxford. He has written books and articles in the fields of marketing, competition and consumer law and chaired the Commission that prepared the present Swedish Marketing Practices Act.
Ida Otken Eriksson is a Doctoral Candidate in the University of Stockholm. Previously she was a legal secretary at the European Court of Justice (Cabinet Gulmann), and in private practice.
Geraint Howells is professor of Law at Lancaster University and a barrister at Gough Square Chambers. He has written and lectured widely on consumer law and regularly acts as consultant to various governmental and non-governmental bodies. With Hans Micklitz and Thomas Wilhemsson he has written European Fair Trading Law: The Unfair Commercial Practices Directive.
Vanessa Marsland is a partner at Clifford Chance LLP.
Hans-W Micklitz occupies the Lehrstuhl für Privatund Wirtschaftsrecht, Jean Monnet Chair on European Economic Law at the University of Bamberg, and is Head of VIEW (Institute for European Consumer and Economic Law).
x List of Contributors
Ulf Öberg is founder of and partner in Öberg & Associés AB; he is a doctoral candidate at Stockholm University; and former référendaire to Judge Hans Ragnemalm at the European Court of Justice.
Deborah Parry is an independent consultant in consumer law, and was formerly a Senior Lecturer in Law at the University of Hull.
Jules Stuyck is Professor of European and Economic Law at the K U Leuven (where he is director of the Study Centre for Consumer Law and of the LL M programme), Professor of European law at the Radboud Universiteit Nijmegen, Visiting Professor of EU Competition Law at the Central European University, Budapest, and partner in Liedekerke.Wolters. Waelbroeck.Kirkpatrick, Brussels.
Christian Twigg-Flesner is a Senior Lecturer in Private Law at the University of Hull.
Christopher Wadlow MA, PhD (Cantab) is a Reader at the Norwich Law School, University of East Anglia. He was previously a member of the intellectual property department of Simmons & Simmons. He is the author of
The Law of Passing-off: Unfair Competition by Misrepresentation (3rd edn London, Sweet & Maxwell, 2004).
Stephen Weatherill is the Jacques Delors Professor of European Law in the University of Oxford, a Fellow of Somerville College and Deputy Director for European Law in the Institute of European and Comparative Law.
Simon Whittaker is Fellow and Tutor in Law at St John’s College, Oxford, and Reader in European Comparative Law at the University of Oxford. His interests lie in the areas of the English law of contract and tort, comparative law and the European harmonisation of private law.