This study provides an in-depth and detailed comparison between the draft Common Frame of Reference and the Commission's proposal for a Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive...

This paper explores the current place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the...

From a law-and-economics perspective, the European Commission's proposal for the introduction of an optional Common European Sales Law (CESL) has been criticized for over-regulating consumer sales law in Europe and for being likely to yield more costs than benefits. In defense of CESL, it is...

Questioning the link between private law and the nation-state that is implied by nationalist perceptions of the law, this paper seeks to find support for a transnational (Europeanist, constitutional-patriotist or cosmopolitan) view on private law in constitutional theory. Normative theories of...

This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing’s meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we...

The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence...

This study provides an in-depth and detailed comparison between the CFR and the proposed Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive in the framework of the legislative procedure....