Verbraucherschutz durch Unterlassungsklagen

Internal market rationality: In the way of re‐imagining the future

“…65 The White Paper on the Future of Europe in 2025 may be seen as a response to Brexit and other "right-wing" populist challenges. 66 What seems striking in this document is that the options outlined by the Commission pose the question mainly in terms of "quantity" (doing more, less, the same…) of EU action in the future. The "quality" of this action-the kind of political rationality that the EU is pursuing-is not on the Commission's horizon.…”

Determining the applicable law for breach of competition claims in the Rome II Regulation and the need for effective consumer collective redress

“…60 However, as a consequence of the principles of subsidiarity and proportionality, the approach is neither widespread nor consistent. 61 The potential for cross-border disputes between consumers and businesses as a result of anti-competitive behaviour renders both the applicable law rules governing such disputes and consequently the practical ability of consumers to raise such proceedings more acute. Therefore as regards the second question, a communitarised approach seeks to ensure that consumers in the Member States are provided with consistent, maximised protection against businesses operating in other Member States whilst at the same time the compatibility of jurisdiction and choice of law rules continue to be implemented in accordance with Treaty obligations.…”

“…136 The inherent 'success rate' of Article 6 of Rome II, as Fitchen remarks, will depend upon the 'interaction, in the text, of competing policies which have influenced the Commission's desire [for] reform of private enforcement…' 137 As far as the EU Consumer Protection Policy is concerned, the requirement for Member States to provide 'effective proceedings' has existed for over three decades. 138 As far as collective redress is concerned, Hodges has remarked that three key issues arise:…”

Universal Services: Nucleus for a Social European Private Law

“…111 COM (2008) 414 final, 2.7.2008, thereto Benedict/Reich, 2008 See COM (2007) association which represents their interests. 114 But Art. 153 is of little support when it comes down to considering the existence of a general right to participate in administrative matters.…”