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Author: Consumer blog

The ‘proceduralization’ of Directive 93/13 and its limits

The CJEU’s judgment in Banco Santander (C-598/15) that came out this week is the latest addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13. The focus on procedures and the role of national (civil) courts in ensuring the effectiveness of the Directive, i.e. its ‘proceduralization’, has been the subject of debate between judges,...

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Prohibiting online platforms from reselling luxury goods – CJEU in Coty Germany (C-230/16)

The CJEU gave its judgment (C-230/16) yesterday in a competition law case that may impact how luxury goods are sold to consumers online in the future. Coty Germany – a supplier of luxury cosmetics in Germany – brought a case against one of its authorised distributors, Parfumerie Akzente for using online third-party platforms (amazon.de) to resell their products. Coty set up a...

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Digital content proposal extended to IoT

Last month we have reported on the updated proposals for the Directive on online and other distance sale of goods (Towards a more coherent…). This proposal is part of one package together with a proposal for a Directive on the supply of digital content. Last week, in the first reading at the European Parliament certain amendments have been introduced to this latter proposal (see here for...

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Between equivalence and effectiveness: Opinion of AG Sharpston on unfair terms control in default proceedings

Today, Advocate General Sharpston delivered her Opinion in a Belgian case (C-147/16: Karel de Grote Hogeschool v Susan Kuijpers) on the scope of Directive 93/13 as well as the powers and obligations of national courts under that Directive. The case concerns the ‘Europeanization’ of (national) civil procedure and the ‘proceduralization’ of unfair terms control. More particularly, it concerns...

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Temptation of subscriptions

In the UK the organisation Citizens Advice conducted a study of consumers subscribing to various services and discovered that on average consumers pay ca 160GBP over a period of three months for unwanted services. These would include subscriptions to gyms, insurance, online streaming, TV channels – that would not end up being used. The message to consumers is to be aware of their usage...

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Towards the creation of an EU Financial Consumer Protection Agency?

A couple of months ago we reported on the results of the public consultation on the Operation of the European Supervisory Authorities (ESAs), and mentioned that civil sector representatives (Better Finance) advocated a complete overhaul of the existing system of EU financial supervision as opposed to partial improvements in the interest of consumers. This voice has now become lauder, and...

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More consumer access to cross-border online services

The European institutions reached an agreement on further EU approach to "unjustified" geoblocking of online consumer products or services (EU negotiators agreed to end unjustified geoblocking). What does it mean "unjustified"? First, it would apply to situations where traders prevent consumers from other Member States to conclude online contracts for the sale of goods, even if traders...

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