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Thirty years after the entry into force of the Directive on
liability for defective products (Council Directive 85/374/EEC),
and in the light of the threat to user safety posed by consumer
goods that make use of new technologies, it is essential to assess
and determine whether the Directive remains an adequate legal
response to the phenomenon of products brought to market that fail
to ensure appropriate levels of safety for their users.European
Product Liability is the result of an extensive international
research project funded by the Polish National Science Centre. It
brings together experienced scholars associated with the European
Group on Tort Law (EGTL) and the European Research Group on
Existing EC Private Law (Acquis Group). Individual country reports
analyse the implementation of the Directive in the domestic law of
several EU and EEA Member States (namely Austria, Czech Republic,
Denmark, England, France, Germany, Italy, Netherlands, Norway,
Poland, Spain, and Switzerland) and the relationship of the
implemented rules with the already existing rules of tort law. The
country reports show that the practical significance of product
liability differs widely in the various Member States. Also taking
into account non-EU countries (Canada, Israel, South Africa and the
USA), this book examines whether EU law will ensure sufficient
safety for individuals using goods that have been produced using
new technologies that are currently under development, such as
major advances in mechatronics, nanotechnology, regenerative
medicine and contour crafting. Together with an economic analysis
of product liability it makes the book valuable for academics,
practitioners, policy makers and all those interested in the
subject.
This book focuses on recent developments in consumer law,
specifically addressing mandatory disclosures and the topical
problem of information overload. It provides a comparative analysis
based on national reports from countries with common law and civil
law traditions in Asia, America and Europe, and presents the
reports in the form of chapters that have been drafted on the basis
of a questionnaire, and which use the same structure as the
questionnaire to allow them to be easily compared. The book starts
with an analysis of the basic assumptions underlying the current
consumer protection models and examines whether and how consumer
models adapt to the new market conditions. The second part
addresses the information obligations themselves, first
highlighting the differences in the reported countries before
narrowing the analysis down to countries with a general
pre-contractual information duty, particularly the transparency
requirements that often come with such a duty. The next part
examines recent developments in the law on food labelling,
commercial practices and unfair contract terms in order to identify
whether similar traits can be found in European and non-European
jurisdictions. The fourth part of the book focuses on specific
information obligations in the financial services and e-commerce
sectors, discussing the fact that legislators are experimenting
with different forms of summary disclosures in these sectors. The
final part provides a critical appraisal of the recent developments
in consumer information obligations, addressing the question of
whether the multiple criticisms from behavioural sciences
necessitate abandonment or refinement of current consumer
information models in favour of new, more adequate forms of
consumer protection, and providing suggestions.
After successive waves of EU enlargement, and pursuant to the entry
into force of the Lisbon Treaty, the European Court of Justice
finds itself on the brink of a new era. Both the institution itself
and the broader setting within which it operates have become more
heterogeneous than ever before. The issues now arriving on its
docket are also often of great complexity, covering an
unprecedented number of fields. The aims of this volume are to
study the impact of these developments, examine the legitimacy of
the Court's output in this novel context and provide an appraisal
of its overall performance. In doing so, specific attention is paid
to its most recent case law on four topics: the general principles
of EU law, external relations, the internal market and Union
citizenship. Featuring contributions by Maurice Adams, Henri de
Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Jan Mazak
and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan,
Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
This book focuses on recent developments in consumer law,
specifically addressing mandatory disclosures and the topical
problem of information overload. It provides a comparative analysis
based on national reports from countries with common law and civil
law traditions in Asia, America and Europe, and presents the
reports in the form of chapters that have been drafted on the basis
of a questionnaire, and which use the same structure as the
questionnaire to allow them to be easily compared. The book starts
with an analysis of the basic assumptions underlying the current
consumer protection models and examines whether and how consumer
models adapt to the new market conditions. The second part
addresses the information obligations themselves, first
highlighting the differences in the reported countries before
narrowing the analysis down to countries with a general
pre-contractual information duty, particularly the transparency
requirements that often come with such a duty. The next part
examines recent developments in the law on food labelling,
commercial practices and unfair contract terms in order to identify
whether similar traits can be found in European and non-European
jurisdictions. The fourth part of the book focuses on specific
information obligations in the financial services and e-commerce
sectors, discussing the fact that legislators are experimenting
with different forms of summary disclosures in these sectors. The
final part provides a critical appraisal of the recent developments
in consumer information obligations, addressing the question of
whether the multiple criticisms from behavioural sciences
necessitate abandonment or refinement of current consumer
information models in favour of new, more adequate forms of
consumer protection, and providing suggestions.
After successive waves of EU enlargement, and pursuant to the entry
into force of the Lisbon Treaty, the European Court of Justice
finds itself on the brink of a new era. Both the institution itself
and the broader setting within which it operates have become more
heterogeneous than ever before. The issues now arriving on its
docket are also often of great complexity, covering an
unprecedented number of fields. The aims of this volume are to
study the impact of these developments, examine the legitimacy of
the Court's output in this novel context and provide an appraisal
of its overall performance. In doing so, specific attention is paid
to its most recent case law on four topics: the general principles
of EU law, external relations, the internal market and Union
citizenship.
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