Consumer Law, Competition Law and the Europeanization of Private Law

1993 ◽  
pp. 244-270
Author(s):  
Albertina Albors-Llorens
Keyword(s):  
Competition Law ◽  
Private Law ◽  
Consumer Law

Within the Public-Private Divide. Right to Housing and Consumer Law in Recent European Private Law Trends

Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese
Keyword(s):  
Fundamental Rights ◽  
Private Law ◽  
The European Union ◽  
The Public ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Recent Trends ◽  
New Perspective ◽  
The Right ◽  
Protection Of Right

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.

Part II The Member State Reports on Transposition of the Directive, 5 France

2018 ◽  
Author(s):  
Chagny Muriel
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Private Enforcement ◽  
Resolution Time ◽  
Binding Effect ◽  
French Government ◽  
Consumer Law ◽  
Class Actions ◽  
Joint And Several Liability

This chapter examines how the Antitrust Damages Directive has been transposed in France. It begins with an overview of the transposition procedure, focusing on the French private enforcement context from the Ordinance of 1 December 1986—the ‘Magna Carta’ of French competition law—to Law no. 2008-776 of 4 August 2008 and the Consumer Law Act of 17 March 2014 (Hamon Law). It then discusses the scope of the transposition measure, noting that the French government went beyond the Directive and instituted a single regime for damages actions, before analysing specific issues that arose during the transposition, including those relating to the concept of an undertaking, the binding effect of competition authorities' decisions, the presumption of harm, the passing-on of overcharges, types of harm and assessment of damages, joint and several liability and the recovery of contributions from co-infringers, consensual dispute resolution, time-barring deadlines, access to evidence, and class actions.

Introduction

2020 ◽  
pp. 1-17
Author(s):  
Vanessa Mak
Keyword(s):  
Private Law ◽  
European Law ◽  
The European Union ◽  
New Approach ◽  
Consumer Law ◽  
Goods And Services ◽  
Research Questions ◽  
Contractual Rights ◽  
Platform Economy

This introductory chapter presents the major themes of study and narrows the scope of research to the European Union (EU). It briefly examines developing trends in the market for consumer goods and services as well as the legal systems which changed to accommodate these trends. In particular, the chapter focuses on the platform economy. It discusses issues arising from these developments, especially as they apply to private law. Private law concerns the contractual rights that suppliers and customers have vis-à-vis each other and their potential liability. However, whereas the rights and duties of these parties would normally be governed by rules of national contract and consumer law, or perhaps also by rules of European origin if the parties are in the EU, the platform economy has created a private sphere that operates largely through other mechanisms. From here, the chapter introduces research questions as well as a new approach to lawmaking in European law.

Harmonising Different Rights of Withdrawal: Can German Law Serve as an Example for EC Consumer Law?

2006 ◽  
Vol 7 (12) ◽  
pp. 1109-1136
Author(s):  
Peter Rott
Keyword(s):  
Consumer Credit ◽  
National Level ◽  
German Law ◽  
Private Law ◽  
Consumer Law ◽  
Distance Selling ◽  
The Right ◽  
Right Of Withdrawal ◽  
Near Future

Harmonisation of the different rights of withdrawal, enshrined in legislation on doorstep selling, distance selling, timesharing, and in the near future consumer credit, is amongst the top issues of the EC agenda on European private law. Germany, following its tradition of a well-organised system of private law rules, has tried for some time to establish a harmonised system at the national level. At the same time, Germany appears to have created one of the most detailed set of rules on the right of withdrawal in Europe, in particular with a view to the consequences of the withdrawal from a contract, and it has tried to find the right balance between the interests of consumers and traders, a challenge that will also come up at EC level.

Taking Private Law Rights Seriously: Of Balancing and the Jurisprudence of the Court of Justice of the European Union

2014 ◽  
Vol 16 ◽  
pp. 393-416
Author(s):  
Leone Niglia
Keyword(s):  
European Union ◽  
Private Law ◽  
The European Union ◽  
Consumer Law ◽  
Court Of Justice ◽  
As If

AbstractThis chapter reviews conventional understandings of the CJEU private (consumer) law jurisprudence towards overcoming the tendency to read it as if judges were just mechanically applying the relevant legislative texts (textualism). It argues that the CJEU jurisprudence revolves around the employment of balancing modes of reasoning; that it is characterised by an unresolved tension between balancing decisions that optimise rights and balancing decisions that under-optimise rights; and that scholarship should exercise vigilance, with an eye on national constitutional realms, in relation to the judges’ balancing acts towards promoting awareness over the extent of rights’ optimisation, rather than clinging on textualist readings that blind us as to what is really happening in the courtrooms.

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