This unique book tells the story of the coming of age of EU consumer law, a legal domain that hasn't ceased to expand in depth and scope during the last 20 years. However, this book has not been conceived by the editors as an exercise in nostalgia. The contributions offer ample food for thought about the challenges awaiting consumer law in the years to come. The selected cases in this book are therefore without exception landmark decisions. What this volume doesn't offer however, is an exhaustive overview of EU consumer law jurisprudence. It doesn't aspire to be a textbook covering all aspects of consumer law. Rather, the authors have approached the cases - some of which have been commented upon quite extensively in legal doctrine already - from a novel and personal perspective, sometimes coloured by the contributor's particular background, concerns and interest. Very often, the cases have been used as a point of departure to point out a development in EU and / or national consumer law. The result of the contributors' efforts does not only read as splendid anthology but it will be read and continued to be read by anyone interested in EU consumer law.
Chapter 1 The Consumer: Notion and Image Consumer Image: Linguistic, Cultural and Social Differences - Stephen Weatherill The Average Consumer's Degree of Attention in Trade Mark Cases - Andree Puttemans Consumer/Citizen Access to Information - A New Fundamental Right under the EU Charter - Norbert Reich Consumer Notion: Natural or Legal Persons and Mixed Contracts - Johan Vannerom Consumer Notion: Suretyship Fryderyk Zoll Protection of the 'Vulnerable' Consumer of Financial Services - Tom Van Dyck Chapter 2 Consumer Protection, Free Movement and Harmonisation Market Access and Proportionality - Koen Lenaerts Free Movement of Goods, Market Access and Consumer Protection - Wulf-Henning Roth Prohibitions on Doorstep Selling, Itinerant Selling and Canvassing and the Free Movement of Goods and Services - Reinhard Steennot Minimum Harmonisation and Consumer Law - Choice of Legal Basis - Piet Van Nuffel Language Requirements and Labelling - Anne Looijestijn-Clearie Damaging Coherence, Disenfranchising Consumers? Some Reflections on Faccini Dori at Twenty - Henri De Waele Protection of Consumers against Discrimination: the Test-Achats Ruling - Caroline Van Schoubroeck Discrimination and Restriction in Direct Taxes: Building Blocks of the Internal Market - Frans Vanistendael Restrictions on Exports and Consumer Protection - Laurence W. Gormley Chapter 3 Consumer Protection through Product Liability Level and Scope of Harmonisation of the Directive - Survival of National Product Liability Regimes? - Herman Cousy Defences - Geraint Howells Heads of Damage - Jean-Sebastien Borghetti Chapter 4 Consumer Protection and Unfair Commercial Practices Consumer Protection and Fair Trading Merge as Public Interest Grounds -Johan van de Gronden The Notion of Comparative Advertising - Frauke Henning-Bodewig Comparative Advertising: Price Comparisons - Gabriel Luc Ballon Comparative Advertising and Use of Trade Marks: Confusion, Imitation and Unfair Advantage - Gert Straetmans Keyword Advertising, Consumer Protection, Fair Trade and Intellectual Property - Thomas Incalza Combined Offers - Veerle Colaert and Maarten Peeters Sales Periods - Jacques Laffineur and Michel Van Huffel B2C and B2B - Consumer/Competitor Protection - Bert Keirsbilck Interpretation of Blacklisted Practices - Anne-Christine Fornage Misleading Omissions/Invitation to Purchase - Anne-Lise Sibony Chapter 5 Consumer Contract Law and Enforcement Theme I. Information Requirements and the Internet - Christian Twigg-Flesner The Effects of the Consumer's Withdrawal from the Contract - Peter Rott Right of Withdrawal - Interoperability of Directives - Marco B.M. Loos The Notion of Damage in EU Consumer Contract Law - Simon Whittaker Theme V. Unfair Contract Terms - Scope of Control of Unfair Terms (Core Terms Included or Excluded?) - Sergio Camara Lapuente Consumer Protection and Procedural Justice - Christopher Hodges Unfair Contract Terms - Revising the Content of a Term - Ewoud Hondius Unfair Contract Terms - Public Interest Litigation before European Courts - Hans Micklitz Unfair Contract Terms - Effect of Collective Proceedings - Fabrizio Cafaggi and Stephanie Law Unfair Contract Terms - Statutory Provisions, Price Increase Terms and the Role of the CJEU - Evelyne Terryn Consumer Sales - Remedies - Sophie Stijns and Sanne Jansen Consumer Sales - The Weber-Putz Case-Law: From Traditional to Modern Contract Law - Stefan Grundmann Out-of-Court Dispute Settlement - Hans De Coninck