European consumer protection: theory and practice

2012 ◽  
pp. 437-449
Author(s):  
Mel Kenny ◽  
James Devenney
Keyword(s):  
Consumer Protection ◽  
Theory And Practice ◽  
European Consumer ◽  
Protection Theory

scholarly journals The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection

2017 ◽  
Vol 9 (2) ◽  
pp. E-180-E-215 ◽  
Author(s):  
Geraint Howells ◽  
Gert Straetmans
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
National Courts ◽  
European Consumer ◽  
Court Of Justice ◽  
Correct Information ◽  
Unfair Commercial Practices Directive ◽  
High Level ◽  
Flexible Application ◽  
The Eu

Abstract This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. The open wording of the norms and safeguard clauses in both directives allows room for their flexible application. The differentiated role between the Court of Justice, as the interpreter of European law, and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention may be suboptimal, even in the presence of comprehensive and correct information. The CJEU’s approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for a process whereby the contours of a more coherent European consumer protection policy are gradually revealed. In the absence of sufficient legislative guidance at the European and national levels, national courts may be increasingly informed by the case law of the CJEU in an effort to establish clearly desirable common expectations. Those who believe that, in practice, uniformity can be achieved overnight by simply adopting a common maximum norm appear over-optimistic.

scholarly journals New Clause in Bank Credit Agreement in Relation to Consumer Protection Act (Study on PT. Bank Negara Indonesia, Tbk. Denpasar Branch)

2021 ◽  
Vol 8 (1) ◽  
pp. 30-36
Author(s):  
Komang Yustika Dewi Suryaningsih ◽  
A.A.A. Ngr. Tini Rusmini Gorda
Keyword(s):  
Consumer Protection ◽  
Standard Form ◽  
Problem Formulation ◽  
Legal Issue ◽  
Consumer Protection Act ◽  
Legal Consequence ◽  
Protection Theory ◽  
Credit Agreement ◽  
Balancing Principle ◽  
Credit Contract

Credit agreement in standard form which is being made unilaterally by the bank until present is still becoming a special legal issue in agreement field of civil law. In addition, viewed from the side of the agreement it is also against consumer protection law as set in Consumer Protection Act. Problem formulation of is divided into namely regarding the existence of standard clause in bank agreement if associated with Article 18 of Consumer Protection Act and legal consequence of standard clause in credit agreement associated with consumer protection. This study aims to identify the presence of standard clause in banking agreement if related with Article 18 of Consumer Protection Act and legal consequence to the standard clause in credit contract is associated with consumer protection.  The research is a juridical empirical. The location is on PT. Bank Negara Indonesia in Denpasar city. The author is guided by laws and regulations related with public fact, that is first problem formulation is analyzed from balancing principle and next the second problem formulation is from consumer protection theory. The result shows that the implementation of the provision tends to protect the bank as businesses. Moreover, the legal consequence of Bank BNI’s credit contract which does not meet the provision will result in null and void.

E-commerce and Consumer Protection in Integrated Markets

2019 ◽  
pp. 231-250
Author(s):  
Beatriz Añoveros Terradas
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
International Perspective ◽  
European Court Of Justice ◽  
Private International Law ◽  
New Paradigm ◽  
National Courts ◽  
European Consumer ◽  
European Court ◽  
Consumer Contracts

Consumer protection by European private international law rules have acquired a new dimension that has led to a new paradigm. This change arises from amendments to legislation and new ECJ case law in the field of e-commerce. Firstly, the BIR recast establishes universal rules of jurisdiction in consumer contracts. The reform has eliminated the existence of two different jurisdictional regimes in matters relating to consumer contracts in order to create a unified European system, eliminating the possibility for the national courts to apply the so-called residual jurisdiction rules. Secondly, European Court of Justice case-law concerning e-commerce transactions has shifted its focus to the conduct of suppliers instead of the traditional distinction between active and passive consumers. This new focus covers a wider range of cases in which the consumer is protected. Both changes have greatly increased the protection of the consumer when entering into an international contract. From a European perspective, this should be seen as a step further in the evolution of European consumer policy and its goals. However, more difficulties arise when explaining such an extension from an international perspective.

scholarly journals Keep calm and carry on: European consumers and the development of persistent resilience in the face of austerity

2020 ◽  
Vol 54 (8) ◽  
pp. 1883-1907
Author(s):  
Isabelle T. Szmigin ◽  
Deirdre Mary O'Loughlin ◽  
Morven McEachern ◽  
Kalipso Karantinou ◽  
Belem Barbosa ◽  
...  
Keyword(s):  
Social Relations ◽  
Social Impact ◽  
Global Financial Crisis ◽  
Social Geography ◽  
Theory And Practice ◽  
Temporal Orientation ◽  
Marketing Theory ◽  
Content Type ◽  
European Consumer ◽  
The Global Financial Crisis

Purpose In the context of European consumers’ experiences of austerity, this study aims to advance current resilience theory in marketing through developing persistent resilience from a context of austerity influenced consumption. Design/methodology/approach Following an interpretivist approach, 38 face to face, in-depth interviews were conducted with European consumers from Ireland, UK, Spain, Portugal, Italy and Greece who were affected in some way by the global financial crisis. Findings Building upon limited conceptual and empirical investigations in social geography, the analysis identifies the themes of persistent stressors and temporal orientation as constants, alongside day-to-day coping, relating and pragmatism, consumer adjustment, repertoires of resistance and transformation as key elements of persistent resilience within the consumption context of austerity. Research limitations/implications The study addresses the limited theoretical and empirical focus on persistent resilience and austerity and directly contributes to consumer behaviour and marketing theory in understanding persistent resilience and its implications. Practical implications Changes to behaviours as a result of persistent resilience included reducing and stopping consumption, discount shopping, alternative consumption in the form of growing or making and mindful consumption through wastage reduction and re-use. Social implications The study highlights the significant social impact of austerity while also identifying positive outcomes for social relations among family, friends and the wider community. Originality/value This study develops and extends Golubchikov’s (2011) theory of persistent resilience through exploring European consumer responses to austerity, identifying key consumption characteristics relevant for marketing theory and practice.

Responsibilities of PT. GO-JEK Indonesia Semarang as Business Services Provider of Consumer Protection Online Services by Law Number 8 of 1999 Consumer Protection1999 CONSUMER PROTECTION

Authentica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 79-95
Author(s):  
Annisa Rizqi Pradani
Keyword(s):  
Consumer Protection ◽  
Legal Theory ◽  
Descriptive Study ◽  
Qualitative Approach ◽  
Theory And Practice ◽  
Bad Faith ◽  
Online Services ◽  
Business Services ◽  
Normative Approach ◽  
Positive Law

PT. GO-JEK Indonesia utilizing the technology by issuing a GO-JEK application. People who will use the services-JEK Indonesia PT.GO application must download an app on a smartphone GO-JEK. The application, the customer is required to fill the data of identity. Charging the identity of the data, the driver will know the identity of the customer. Genesis ever happening to one of the customers PT.GO-JEK Indonesia Semarang is Ria (not her real name) use the services of GO-JEK driver got terror threat for comment after using the services of GO-JEK, of course is very detrimental to customers where the identity given to PT.GO-JEK Indonesia misused by the bad faith. This study aims to determine the responsibility of PT. GO-JEK Indonesia Semarang against losses incurred in terms of the confidentiality of customers' identities. This study uses a qualitative approach that is normative approach with the Act. Specifications spefikasi descriptive study clearly describe later with legal theory and practice of positive law linked to the research conducted. Responsibility PT.GO-JEK Indonesia Semarang to customers have been pursued by the Company by making the latest software in order to safeguard the identity of customers regarding compensation The Company provides compensation in accordance with the rules and regulations that have made the Company. Responsibility and compensation in accordance with the rules of Law No. 8 of 1999 on Consumer Protection.Keywords: Responsibility; Customer; PT.GO-JEK Indonesia 

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