Credit Cards, Overdraft Facilities and European Consumer Protection: A Blank Cheque for Unfairness?

2011 ◽  
Author(s):  
Michiel De Muynck
Keyword(s):  
Consumer Protection ◽  
Credit Cards ◽  
European Consumer

scholarly journals The Interpretive Function of the CJEU and the Interrelationship of EU and National Levels of Consumer Protection

2017 ◽  
Vol 9 (2) ◽  
pp. E-180-E-215 ◽  
Author(s):  
Geraint Howells ◽  
Gert Straetmans
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
National Courts ◽  
European Consumer ◽  
Court Of Justice ◽  
Correct Information ◽  
Unfair Commercial Practices Directive ◽  
High Level ◽  
Flexible Application ◽  
The Eu

Abstract This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. The open wording of the norms and safeguard clauses in both directives allows room for their flexible application. The differentiated role between the Court of Justice, as the interpreter of European law, and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected. The analysis finds that, irrespective of the underlying level of harmonisation, and with the backing of the European legislator’s intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention may be suboptimal, even in the presence of comprehensive and correct information. The CJEU’s approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for a process whereby the contours of a more coherent European consumer protection policy are gradually revealed. In the absence of sufficient legislative guidance at the European and national levels, national courts may be increasingly informed by the case law of the CJEU in an effort to establish clearly desirable common expectations. Those who believe that, in practice, uniformity can be achieved overnight by simply adopting a common maximum norm appear over-optimistic.

E-commerce and Consumer Protection in Integrated Markets

2019 ◽  
pp. 231-250
Author(s):  
Beatriz Añoveros Terradas
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
International Perspective ◽  
European Court Of Justice ◽  
Private International Law ◽  
New Paradigm ◽  
National Courts ◽  
European Consumer ◽  
European Court ◽  
Consumer Contracts

Consumer protection by European private international law rules have acquired a new dimension that has led to a new paradigm. This change arises from amendments to legislation and new ECJ case law in the field of e-commerce. Firstly, the BIR recast establishes universal rules of jurisdiction in consumer contracts. The reform has eliminated the existence of two different jurisdictional regimes in matters relating to consumer contracts in order to create a unified European system, eliminating the possibility for the national courts to apply the so-called residual jurisdiction rules. Secondly, European Court of Justice case-law concerning e-commerce transactions has shifted its focus to the conduct of suppliers instead of the traditional distinction between active and passive consumers. This new focus covers a wider range of cases in which the consumer is protected. Both changes have greatly increased the protection of the consumer when entering into an international contract. From a European perspective, this should be seen as a step further in the evolution of European consumer policy and its goals. However, more difficulties arise when explaining such an extension from an international perspective.

GENERAL CLAUSES AND THE COMPETING ETHICS OF EUROPEAN CONSUMER LAW IN THE UK

2012 ◽  
Vol 71 (2) ◽  
pp. 412-440 ◽  
Author(s):  
Chris Willett
Keyword(s):  
Supreme Court ◽  
Consumer Protection ◽  
Consumer Law ◽  
European Consumer ◽  
Self Reliance ◽  
The Supreme Court ◽  
Self Interest ◽  
General Clause ◽  
Unfair Terms ◽  
The Uk

AbstractEU ‘general clauses’ on fairness offer significant potential for improved consumer protection. However, the Supreme Court has interpreted the unfair terms general clause and a related provision by reference to an underlying ethic of self interest and self reliance'; and the same approach is possible under the unfair practices general clauses. This is a significant threat to consumer protection. A more protective ethic may be intended at EU level; and a particular line of argument may be needed to persuade the Supreme Court of this.

scholarly journals Perlindungan Hukum Nasabah Kartu Kredit dalam Perspektif Undang-Undang Nomor 8 Tahun 1999

2021 ◽  
Vol 2 (1) ◽  
pp. 145-149
Author(s):  
Nyoman Triananda Prayoga ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Consumer Protection ◽  
Credit Card ◽  
Credit Cards ◽  
Legal Protection ◽  
Legal Norms ◽  
Legal Rules ◽  
Protection Legislation ◽  
Plastic Card ◽  
The Government ◽  
Legal Consequences

At this time the technology has been developing rapidly, as well as means of payment. If the first payment can only be done with cash, current payment already can be done by credit card. When the first buyers and sellers have to meet directly, unlike with the current buyers no longer have to meet with the seller directly. A credit card is a plastic card issued by a bank that provides credit services. But many cases credit card used another person, which is possible because the card is missing or scams online, these problems can be analysed as follows: 1) What kind of legal protection for customers according to credit card Consumer Protection Legislation? 2) How the legal consequences if a credit card were used by someone else? This presentation uses research methods are normative, legal rules and legal norms according are the norm in the form of orders or prohibitions it in accordance with the principle of the law and whether one's actions is in compliance with legal norms with the approach of legislative and conceptual. This research requires a source of secondary legal materials as primary legal materials. Form of legal protection given by the Government in the form of legislation, but the legislation has not been effective. Legal consequences if the credit card used another person's credit card, the customer must still pay the Bills that go up to the customer to report in writing. The Government should streamline the laws and make special laws about credit cards as well as the bank and the customer must be open.

22. European consumer law

2020 ◽  
pp. 704-730
Author(s):  
Geraint Howells
Keyword(s):  
Consumer Protection ◽  
Negative Impact ◽  
Product Liability ◽  
Product Safety ◽  
Consumer Law ◽  
Eu Legislation ◽  
European Consumer ◽  
Unfair Terms ◽  
The Right ◽  
Right Of Withdrawal

This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.

scholarly journals AN ALTERNATIVE WAY OF RESOLVING DISPUTE WITH CONSUMER PARTICIPATION: EXPERIENCE FOR UKRAINE

2020 ◽  
Vol 112 (5) ◽  
pp. 93-104
Author(s):  
MYKYTENKO Liudmyla
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
The State ◽  
Protection System ◽  
Consumer Participation ◽  
State Function ◽  
Legal Analysis ◽  
European Consumer ◽  
Alternative Means ◽  
The Government

Background. The Government-endorsed Concept of State Policy for Consumer Protection by 2020 recognizes the need to reform a consumer protection system that has lost its control and is not acting in the interests of the multi-million consumer community. Governments are being chaned, but no one is paying attention to this problem, which exacerbates the situation in the country and leads to more active actions and consumer demands: there are no constitutional guarantees for state protection of legitimate consumer rights; there is no effective state body for consumer protection, independent from industrial interests; there is no national system for handling consumer complaints and compensation for violations of rights and illegal actions, resulting in consumers of Ukraine being unprotected and virtually disenfranchised against the dishonest actions of certain authorities and economic entities. Analysis of recent researches and publications. The legal problems of the consumer protection system were investigated. However, their works did not propose specific mechanisms for introducing alternative ways of resolving consumer disputes. The aim. Legal analysis of the grounds for introducing alternative ways of resolving consumer-related disputes, based on an analysis of best European practices. Materials and methods. General and specific research methods were used to elaborate on the topic outlined. Results. The state function of «consumer protection», enshrined in the Constitution of Ukraine and fundamental international and European consumer protection instruments ratified in Ukraine, has become declarative and, as a consequence, consumers are deprived of an accessible, effective and impartial mechanism for protecting their rights. The state should provide, in addition to the generally accepted (state) mechanisms of protection, also alternative ways for fair, urgent, unreated to significant costs -settling disputes and obtaining consumer legal protection. Europe-wide practice demonstrates effective approaches to alternative ways of resolving consumer policy disputes. In view of the current situation regarding inefficient state mechanisms for consumer protection in Ukraine, the German experience of alternative ways of resolving consumer disputes is analyzed, as exemplified by Schlichtunqgsstelle fur den öffentlichen Personen verkehre.V. (Söp), which is an Independent Consumer arbitration Comission. Here we have analysed Söp’s work on the out-of-court settlement of individual disputes between travelers as consumers and companies in the transport and tourism sectors which can show us the great mechanisms of solving above-mentioned problems. Conclusion. In Ukraine, one of the most effective and promising areas in the field of consumer protection should be the introduction (normalization) of a system of alternative ways of resolving consumer disputes. We are convinced that our state should offer the option of choosing the consumer’s remedy, and provide a mechanism for resolving disputes through alternative means that will allow parties to avoid state litigation (going to court is preferable to use as an exclusive way of settling a legal dispute).

Sign in / Sign up

Export Citation Format

Share Document