Prelims -- Contents -- Table of Cases -- Table of National Legislation -- Table of European Law -- Table of International Treaties and Conventions -- 1 Introduction -- 2 Harmonisation of European Sale of Goods Laws -- 3 The Nature and Scope of Performance-Oriented Remedies -- 4 The Buyer's...

The involvement of EU law in business-to-consumer (B2C) private law relationships is bounded. Regulation originates partly at EU level and partly in national law, leading to fragmentation and legal uncertainty. To counter this problem, this chapter aims to give a new perspective on lawmaking in...

The EU has made it one of its goals to promote social inclusion (Strategy 2020). This article aims to identify how, within a changing context of lawmaking and governance, European private law can contribute to reaching that goal. Conventional knowledge of the economic regulation of Western...

This paper discusses the position of private actors as norm-setters in European private law. It discusses what position self-regulation has as a source of law beside public regulation. Although self-regulation is an important source of norms in practice, since it is not legally binding...

In EU free movements regulation, the average consumer is regarded as someone who is ‘reasonably circumspect' and able to look after his own interests. National legislation aiming at offering a higher degree of protection is often struck down, in this light, as creating unjustified barriers to...

In European consumer law, the standard of consumer protection in positive harmonisation through Directives is much more consumer-friendly than in negative harmonisation through free movements law, where trade interests come first. With knock-on effects in national laws, this double-headed...

‘Consumer empowerment' is a central goal of European consumer law. The empowerment of consumers, e.g. through information disclosure or through education, is used as a means to tackle asymmetries of bargaining power between consumers and businesses. One area in which this policy is prominent...

Examples of financial mistakes made by consumers lend support to the view that systematic mistakes of consumers exist in the EU credit market and that service providers respond strategically to these by redesigning their products. This paper seeks to determine how existing regulation can be...

This chapter aims to give an overview of the contractual issues that have arisen in relation to the use of data. Since the use of data has far-reaching consequences for consumer markets, the chapter focuses on issues that have arisen in those markets and the regulatory responses that have...