Public and Private Enforcement of Consumer Law in Luxembourg

2021 ◽  
pp. 345-384
Author(s):  
Vincent Richard ◽  
Marine Rogé
Keyword(s):  
Private Enforcement ◽  
Public And Private ◽  
Consumer Law ◽  
Public And Private Enforcement

Public and Private Enforcement of Consumer Law – Insights for Luxembourg

2021 ◽  
Keyword(s):  
Private Enforcement ◽  
Access To Justice ◽  
Legal Systems ◽  
Public And Private ◽  
The Public ◽  
Consumer Law ◽  
Policy Frameworks ◽  
Recent Developments ◽  
Public And Private Enforcement ◽  
The Eu

The key challenge in the field of consumer protection lies in ensuring that the rights derived from EU consumer law can be effectively enforced in national legal systems, facilitating access to justice and promoting adequate redress. Through a comparative analysis of the legal and policy frameworks of enforcement in six European legal systems, this book examines the most recent developments in EU consumer law, the challenges to which these developments give rise and the scope for reform that they entail; in so doing, the authors critically evaluate the parameters of the public and private institutional framework for the enforcement of consumer law, both at the EU and national levels. With contributions by Inga Järvekülg, Dr. Stephanie Law, Dr. Janek Nowak, Dr. Vincent Richard and Thomas Thamm.

scholarly journals The Interaction Between Public and Private Enforcement of EU Competition Law: a Case Study of the Swedish Booking Cases

2020 ◽  
Vol 12 (21) ◽  
pp. 55-70
Author(s):  
Katharina Voss ◽  
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Private Enforcement ◽  
Public And Private ◽  
Standard Of Proof ◽  
Eu Competition Law ◽  
Public And Private Enforcement

This article studies the private enforcement conducted in Visita v Booking from the perspective of the interaction between public and private enforcement of competition law. This case concerned the question whether the narrow MFN clauses maintained by Booking were contrary to Article 101 TFEU and could therefore be prohibited by a Swedish court. The focus of this article is placed on the assessment carried out by the Swedish courts to determine whether the MFN clauses were restrictive of competition by effect and on the standard of proof attached to the claimant in this regard. With regard to the interaction between public and private enforcement, Visita v. Booking is viewed as an illustration of the increased complexity of competition policy, in particular were novel practices are at issue

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