By Christian Twigg-Flesner
For nearly 3 many years, the ecu Union (EU) has followed measures to control buyer transactions in the inner marketplace created via the ecu Treaties. latest laws is essentially in accordance with directives harmonizing features of nationwide shopper legislation. This Brief argues extra acceptable technique for european shopper legislation will be laws within the type of a law that's acceptable to cross-border transactions in basic terms. the writer considers the constitutional constraints of the ecu Treaties, prior to reading the case for a cross-border-only degree. He argues that the cross-border procedure is top-rated, since it would offer clearer advantages for shoppers looking to purchase items and prone throughout borders, whereas no longer provoking family legislation unnecessarily—in specific within the context of e-commerce, with implications for undefined, policymaking, and nearby improvement. The Brief concludes by means of suggesting winning ecu degree on cross-border customer transactions may create a template for worldwide projects for transnational customer legislations.
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Additional resources for A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law
Moreover, the proposed Directive would have combined the areas of doorstep selling, distance selling, unfair terms and consumer sales, supplemented by new rules on delivery and risk, as well as a standardised set of rules on the right of withdrawal and pre-contractual information obligations. Despite this more coherent approach and the broadened scope, the Directive as proposed would still not have covered the field of consumer law exhaustively. Some matters would continue to be left to national law, such as the remedies to be made available to a consumer for a trader’s failure to comply with pre-contractual information duties.
See p. 5, above. 89 This is perhaps more an argument based on convenient simplicity, but in practical terms, it would avoid confusion: a trader dealing with two separate consumers from another jurisdiction might not be able to identify whether one, both or neither received a specific invitation, and so would not necessarily know whether domestic law or the cross-border Regulation would apply. 88 4 The Case for Focusing on Cross-Border Transactions 29 The upshot of this analysis is that despite the attractiveness of adopting a bright-line test developed by analogy with Art.
54 Those on Doorstep-Selling (85/577/EEC), Distance Selling (97/7/EC), Sales (99/44/EC), Unfair Terms (93/13/EEC), Package Travel (90/314/EEC), Timeshare (94/47/EC), Unit Pricing (98/6/EC) and Injunctions (98/27/EC). org/. 16 A Cross-Border-Only Regulation for Consumer Transactions in the EU detail how each of the directives under review was transposed and applied across the Member States. 56 The Compendium project therefore provides a full picture (albeit a snapshot) of the state of the national consumer laws following the transposition of the existing harmonising directives.
A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law by Christian Twigg-Flesner