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

New Rules and New Techniques

Editor(s): Stephen Weatherill, Ulf Bernitz
Media of The Regulation of Unfair Commercial Practices under EC Directive 2005/29
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Published: 07-02-2007
Format: Hardback
Edition: 1st
Extent: 290
ISBN: 9781841136998
Imprint: Hart Publishing
Series: Studies of the Oxford Institute of European and Comparative Law
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

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

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

1. Introduction
Stephen Weatherill and Ulf Bernitz
2. The Unfair Commercial Practices Directive and its General Prohibition
Giuseppe B Abbamonte
3. The Unfair Commercial Practices Directive: Its Scope, Ambitions and Relation to the Law of Unfair Competition
Ulf Bernitz
4. An End to Fragmentation? The Unfair Commercial Practices Directive from the Perspective of the New Member States from Central and Eastern Europe
Antonina Bakardjieva Engelbrekt
5. The Unfair Commercial Practices Directive in Context
Ida Otken Eriksson and Ulf Öberg
6. Unfair Commercial Practices Directive-A Missed Opportunity?
Geraint Howells
7. Who is the 'Average Consumer'?
Stephen Weatherill
8. The Relationship of the Unfair Commercial Practices Directive to European and National Contract Laws
Simon Whittaker
9. The Unfair Commercial Practices Directive and its Consequences for the Regulation of Sales Promotion and the Law of Unfair Competition
Jules Stuyck
10. The Case for Reclaiming European Unfair Competition Law from Europe's Consumer Lawyers
Christopher Wadlow
11. Unfair Commercial Practices: Stamping out Misleading Packaging
Vanessa Marsland
12. The Challenges Posed by the Implementation of the Directive into Domestic Law-a UK Perspective
Christian Twigg-Flesner and Deborah Parry
13. Transborder Law Enforcement-Does it Exist?
Hans W Micklitz
Appendix-Directive 2005/29.EC

Reviews

“This interesting book with very thorough contributions from diverging perspectives puts the Directive in a wider context and reveals a large number of difficulties the Directive will confront us with in the coming years. It is definitely recommended reading!” –  Evelyne Terryn, Common Market Law Review, Vol 45 issue 4

“This book is a very incisive but also user-friendly commentary on, and analysis of, the Directive...This book spans the academic and practitioner markets. It does not flinch from the areas of uncertainty...and does not simply repeat the content of the Directive...It will interest consumer, contract, advertising, EU and commercial lawyers alike. Those lawyers without an EU background will not be at a disadvantage because the topic is clearly expressed. All readers with an interest in the Directive will find this work,...of enormous practical use and intellectual stimulation.” –  Vincent J. G. Power, International Company and Commercial Law Review, Vol 19, Issue 12

“There is much of continuing interest in these papers...well researched and thoughtful contributions” –  Hugh Collins, European Review of Contract Law, Vol. 5, No. 4

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