|
Showing 1 - 5 of
5 matches in All Departments
There is a wide-spread consensus that UTPs occur throughout the
food supply chain. Unfair trading practices (UTPs) can be defined
as practices which grossly deviate from good commercial conduct,
are contrary to good faith and fair dealing and are unilaterally
imposed by one trading partner on its counterparty. Some Member
States, such as France, Belgium and the UK, have already adopted
legislation specifically prohibiting such practices (in the food
and/or non-food supply chain). In addition, various self-regulatory
initiatives exist. In April 2019, the European Parliament and the
Council adopted Directive (EU) 2019/633 on unfair trading practices
in business-to-business relationships in the agricultural and food
supply chain. A Commission Proposal of April 2018 (COM(2018) 173
final) was substantially amended. To improve farmers' and small and
medium sized businesses' position in the food supply chain, the
Directive bans certain unfair trading practices including late
payments for perishable food products; last minute order
cancellations; unilateral changes to contracts; refusal to enter
into a written contract; returning unsold or wasted products;
payment for buyer's marketing. Each Member State has to designate a
competent authority to enforce these rules and these authorities
must have the power to both launch investigations and fine
operators who break the rules. The Member States now have two years
to implement the Directive.
Digital Content & Distance Sales analyses three legal
instruments proposed by the European Commission in the context of
its Digital Single Market Strategy, which has recently become one
of its priorities. The proposed instruments are: (1) a directive
for the supply of digital content; (2) a directive for the online
and other distance sales of goods; and (3) a regulation on
cross-border portability of online content services in the internal
market. This book takes a combined approach of setting out the
broader legislative and political context of the proposed legal
instruments, giving the reader a general overview of the background
and subsequent impact of the proposals, and indepth analyses of
specific aspects, advantages and challenges. Through this approach,
the authors offer valuable insight into key areas of legal
development.This book will be useful to academics and practitioners
working in contract law, particularly European contract law.
In recent years, policy makers at various levels have discovered
the concept of a circular economy and as a result, are increasingly
proposing strategies and legal instruments to support the
transition from a linear economy towards a more circular
economy.This book explores the concept of a circular economy from
both a legal and an interdisciplinary perspective. It provides an
in-depth analysis of the initiatives taken at EU level and in
several EU Member States (including Belgium, France, Germany, the
Netherlands, Spain, Slovenia and the Scandinavian countries), both
with regard to movables and immovables and in the various stages of
the value chain.Consumer Protection in a Circular Economy provides
the reader with an examination of the most pressing issues in
consumer protection today.
The objective of this casebook, like others in the Ius Commune
Series, is to help uncover common roots, notwithstanding
differences in approach, of the European legal systems, with a view
to strengthening the common legal heritage of Europe. The casebook
covers the big legal families in the EU and contains judgments from
the supreme courts and other courts of the Member States. In view
of the importance of EC legislation (eg harmonisation directives
and regulations) in this field, the consumer law casebook contains
much material derived from Community law, such as extracts from
directives (eg on unfair contract terms, distance selling, doorstep
selling, product liability, unfair commercial pratices etc) and
judgments of the ECJ and national court decisions. Furthermore,
attention is paid to the way in which, when interpreting EC
directives in the consumer field, the ECJ refers to concepts common
to the legal systems of the Member States and how the courts of the
Member States incorporate the concepts found in the directives (as
interpreted by the ECJ) in their legal systems. The casebook also
compares harmonised and pre-harmonised law, especially in the case
law of the Member States. The casebook concentrates on private law
in the field of consumer protection but also addresses topics, in
particular in the field of enforcement, that are primarily a matter
of public law. Please click on the link below to visit the series
website: www.casebooks.eu/consumerLaw.
|
|