Understanding EU Consumer Law

Abstract

EU consumer law is the core of European private law. In recent years, it has been subject to spectacular decisions by the European Court of Justice, with important consequences for private law of the Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. This book takes a broad horizontal approach to the European consumer law acquis, thereby reflecting the history, the achievements, and also the shortcomings of EC law in this important field of law. The change from "minimum" to "full" or "targeted harmonization" is critically analyzed. In the first chapter, the book contains an overall description of the position of EU consumer law between internal market law and consumer protection. The next four chapters deal with advertising and commercial practices law mostly under Directive 2005/29/EC, with Directive 93/13/EEC on unfair terms in consumer contracts, with consumer sales under Directive 1999/44/EC, and with the recent Directive 2008/48/EC on "credit agreements for consumers". The book then takes a fresh look at an "old acquaintance" - namely Directive 85/374/EEC - on product liability, "upgraded" by an annex proposing an EC instrument introducing service liability. The final two chapters are concerned with cross-border consumer transactions, breaches of consumer law and litigation, and with different mechanisms of individual and collective consumer protection to make consumer law effective and efficient.

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