The Consumer Benchmarks in the Unfair Commercial Practices Directive
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Beschreibung
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.
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.
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
Autor*in
Bram B. Duivenvoorde
Themen in »The Consumer Benchmarks in the Unfair Commercial Practices Directive«
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
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“The aim of Duivenvoorde’s book is to investigate the Directive’s regime of consumer benchmarks and to explore its effectiveness in achieving the purposes of the Directive. … Duivenvoorde has made a very interesting, interdisciplinary and comparative analysis of the consumer benchmarks in the UCPD. … each chapter is enriched by many concrete examples in a comparative perspective. … this book is very interesting, topical, and thought-provoking.” (Anaïs Michel and Bert Keirsbilck, Common Market Law Review, Vol. 54 (2), 2017)
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