Suchergebnisse

A future proof consumer law can no longer be solely focused on the economic interests of consumers, but should also endeavour sustainability in order to reconcile the aims of Article 11 TFEU (sustainable development) and 12 TFEU (consumer protection). This contribution analyses one particular way to contribute to a more sustainable consumer law: repair. Repair can contribute to a more circular economy but is currently not always the preferred option. A mix of policy measures could overcome obstacles to obtain repair from the seller under the legal and commercial guarantee as well as obstacles for do-it-yourself ('DIY') or independent repair.

Belgium illustrates the traditional European civil law tradition of emphasis on principles of civil litigation based on individual rights and standing. That tradition, requiring legislative rather than judicial authorization, has blocked general reform of collective representation and led to gradual recognition of individual and rather complex exceptions, overlaid by EU measures. No innovative reforms have yet crystallized.

Belgium illustrates the traditional European civil law tradition of emphasis on principles of civil litigation based on individual rights and standing. That tradition, requiring legislative rather than judicial authorization, has blocked general reform of collective representation and led to gradual recognition of individual and rather complex exceptions, overlaid by EU measures. No innovative reforms have yet crystallized. [Reprinted by permission of Sage Publications Inc., copyright The American Academy of Political and Social Science.]

"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.0In 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.00This book compiles the various papers presented at the "2nd UTP Roundtable" organized by the CONSUMER COMPETITION MARKET (CCM) institute of the KU Leuven on 28 June 2018. It entails a critical analysis of the final text of the EU Directive, the current state of play and the different regulatory options at national level by 2021."