The Regulation of Unfair Commercial Practices under EC Directive 2005/29

New Rules and New Techniques

Stephen Weatherill, Ulf Bernitz, Stephen Weatherill, Ulf Bernitz

• Publisher: Hart Publishing
• Year: 2007
• Print ISBN: 9781841136998
• eBook ISBN: 9781847313478
• Edition: 1
• Topic: Law
• Subtopic: Consumer Law
• Index: Law

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.

Table of contents

• Half Title Page
• Title Page
• Title verso
• Preface
• Contents
• List of Contributors
• 1. Introduction
• 2. The Unfair Commercial Practices Directive and its General Prohibition
• 3. The Unfair Commericial Practices Directive: Its Scope, Ambitions and Relation to the Law of Unfair Competition
• 4. An End to Fragmentation? The Unfair Commercial Practices Directive from the Perspective of the New Member States from Central and Eastern Europe
• 5. The Unfair Commercial Practices Directive in Context
• 6. Unfair Commercial Practices Directive - A Missed Opportunity?
• 7. Who is the 'Average Consumer'?
• 8. The Relationship of the Unfair Commercial Practices Directive to European and National Contract Laws
• 9. The Unfair Commercial Practices Directive and its Consequences for the Regulation of Sales Promotion and the Law of Unfair Competition
• 10. The Case for Reclaiming European Unfair Competition Law from Europe's Consumer Lawyers
• 11. Unfair Commercial Practices: Stamping out Misleading Packaging
• 12. The Challenges Posed by the Implementation of the Directive into Domestic Law - a UK Perspective
• 13. Transborder Law Enforcement - Does it Exist?
• Appendix
• Index