Overview
- Provides the first comprehensive and in-depth analysis of the consumer benchmarks in the Unfair Commercial Practices Directive
- Provides an assessment of the Directive’s consumer benchmarks from the perspective of the Directive’s goals
- Includes analysis of the benchmarks at both the European level and at the level of the level of the EU Member States Presents analyses from the perspective of consumer behaviour studies
- Includes supplementary material: sn.pub/extras
Part of the book series: Studies in European Economic Law and Regulation (SEELR, volume 5)
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Table of contents (13 chapters)
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Front Matter
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European Law
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Front Matter
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National Law
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Front Matter
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Consumer Behaviour
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Front Matter
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Assessment
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Front Matter
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Epilogue: Recommendations
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Front Matter
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Back Matter
Keywords
- 10.4.3 Vulnerability by virtue of mental or physical infirmity
- Adoption of the average consumer benchmark
- Average consumer benchmark
- Barriers to trade
- Case law of the CJEU
- Cassis de Dijon and Commission v. Germany
- Characteristics of the average consumer
- Consumer Protection from Unfair Trading Regulations 2008
- Consumer behaviour
- Consumer benchmark from a behavioural perspective
- Environment-related and health-related advertising
- Health-related products
- Legislative history of the consumer benchmarks
- Misleading Advertisements Regulations 1988
- Misleading Advertising Directive
- Products and services related to the paranormal
- Trade Descriptions Act 1968
- Unfair Commercial Practices Directive
- Vulnerability by virtue of age
- Vulnerability in terms of groups
About this book
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.
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Authors and Affiliations
Bibliographic Information
Book Title: The Consumer Benchmarks in the Unfair Commercial Practices Directive
Authors: Bram B. Duivenvoorde
Series Title: Studies in European Economic Law and Regulation
DOI: https://doi.org/10.1007/978-3-319-13924-1
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-13923-4Published: 22 May 2015
Softcover ISBN: 978-3-319-36212-0Published: 09 October 2016
eBook ISBN: 978-3-319-13924-1Published: 11 May 2015
Series ISSN: 2214-2037
Series E-ISSN: 2214-2045
Edition Number: 1
Number of Pages: XXI, 244
Topics: European Law, Civil Law, International Economic Law, Trade Law, IT Law, Media Law, Intellectual Property, Medical Law, Private International Law, International & Foreign Law, Comparative Law