This piece assesses whether nudging techniques can be argued to be a less restrictive but equally effective way to regulate diets in EU law. It has been argued that nudging techniques, due to their freedom-preserving nature, might influence the proportionality test in such a way that authorities...

German Abstract: Die vorliegende Entscheidung aus dem Versicherungsvertragsrecht stärkt das nationale Zivilrecht im Mehrebenensystem der europäischen Rechtsordnung. Dies gilt nun gerade auch in solchen Mitgliedstaaten wie den Niederlanden, Deutschland, Spanien, Italien oder Portugal, deren...

This contribution briefly traces the ‘behavioural turn' in EU Consumer law. We argue that the multi level nature of this paradigm shift is currently underappreciating the role of national courts in giving traction to the behavioural sciences paradigm. In a jurisprudential analysis of cases...

This article investigates the links of the average consumer concept in secondary legislation and the Court's case law, using doctrinal and empirical methods. It addresses five research questions: How is the average consumer test conceptualised? How does the CJEU test the average consumer? How is...

The exemption for alcoholic beverages from the nutrition declaration is currently discussed by policy makers. In this contribution, we use findings from consumer studies in order to analyse alcohol nutrition labelling. We first explain how alcohol nutrition labelling is currently regulated and...

Why could law and economics theory (hereinafter L&E) develop to become the most prominent theory in US legal scholarship, while still playing only a minor role in Europe? As this piece is also meant as a gloss, as “a propagan-dist tracet”, I herein make use of my academic freedom to write...

“Continental law is irrational. American law is irresponsible.” With this phrase, Christoph Engel has described the prejudices on both sides of the Atlantic regarding legal science. Indeed, both legal systems seem to have noticed a need to correct these failures. In European legal science,...

Stakeholder groups have different interests in health claims which may be complementary but also conflicting. It is not clear on beforehand, how managers should deal with legal requirements on claims. Nor is it clear how legal authorities can adjust the present claims regime to address market,...

The lack of harmonized collective redress mechanisms in EU private international law results in a substantial increase of litigation risks that are hardly manageable for insurers. Regulation of collective redress mechanisms at EU level is hence desirable. The vertical right to a fair trial as...