Enforcing Consumer and Capital Markets Law: The Diesel Emissions
Scandal is an international and intradisciplinary work. On the
example of one topical and global collective damage event with far
reaching consequences for both consumers and investors, this work
critically analyses the various approaches of public and private
law enforcement and their effectiveness across several
jurisdictions, namely those of Austria, Denmark, France, Germany,
England and Wales, Italy, Lithuania, the Netherlands, Portugal,
Australia, Brazil, China and the United States of America. Based on
decided and pending cases, the book demonstrates to what extent
public authorities, but also private claimants, can take effective
steps against the violation of their rights in their respective
jurisdictions. The following is examined: law enforcement by public
institutions, law enforcement by private parties and overlaps as
well as hybrids and connections between both areas. A particular
focus is given to collective redress, that is representative
actions and model case proceedings. Comments from renowned
practitioners sharing their experiences are included throughout the
book. Separate concluding comparative chapters have two different
aims: A comparative analysis of the legal solutions with a
supranational European Union level focus provides invaluable
insights into best practices and effectiveness. In addition, an
intradisciplinary comparison assesses and evaluates the
effectiveness of consumer law vs capital markets law mechanisms.
Furthermore mechanisms of competition law and company law are taken
into account. With contributions by Willem H. van Boom (University
of Leiden), Peter Cashman (3 Wentworth Chambers; University of New
South Wales), Tanja Domej (University of Zurich), Marcello Gaboardi
(Bocconi University Milan), Beate Gsell
(Ludwig-Maximilians-Universitat Munich; Munich Higher Regional
Court), Jutta Gurkmann (Verbraucherzentrale Bundesverband e.V.),
Patrick Honegger-Muntener (University of Zurich), Emmanuel Jeuland
(University Paris 1 Pantheon-Sorbonne), Remigijus Jokubauskas
(Court of Appeal of Lithuania), Georg E. Kodek (Vienna University
of Economics and Business), Lene Kohl (Osborne Clarke, Berlin),
Petra Leupold (VKI-Academy), Claudia Lima Marques (Federal
University of Rio Grande do Sul), Caroline Meller-Hannich
(Martin-Luther-University Halle-Wittenberg), Thomas M.J. Moellers
(University of Augsburg), Charlotte M.D.S. Pavillon (University of
Groningen), Anders Schafer (Kammeradvokaten/Poul Schmidt,
Copenhagen; University of Copenhagen), Amy J. Schmitz (University
of Missouri), John Sorabji (Nine St John Street Chambers;
University College London), Henrique Sousa Antunes (Catholic
University of Portugal), Egidija Tamosiuniene (Court of Appeal of
Lithuania; University of Vilnius), Rudiger Veil
(Ludwig-Maximilians-Universitat Munich), Maximilian Weiss (TILP
Litigation, Kirchentellinsfurt), Tong Zhang (China University of
Political Science and Law).
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