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...

Article 67 of the proposed Common European Sales Law (CESL) stipulates that usage and practices are binding on traders. It follows that, if such customs can be referred to in the interpretation of contracts, they create flexibility in the understanding of contractual agreements and therefore...

Upon request by the JURI Committee, this paper evaluates the European Commission's proposal of 9 December 2015 for a directive harmonising certain civil law contractual rules. The directives' approach concerning scope, type of contracts covered or non covered are being analized as well as issues...

Upon request by the JURI Committee, this paper evaluates the European Commission's proposal of 9 December 2015 for a directive harmonising certain civil law contractual rules. The directives' approach concerning scope, type of contracts covered or non covered are being analized as well as issues...

Divergence in European consumer law is increased by the different approaches to ‘average consumers' found in national laws and in EU law. The ‘average consumer' concept of EU law relies on the ability of consumers to make rational decisions. In accordance with this prototype of a...

EU consumer law generally refers to rights which facilitate the economic participation of EU citizens in the internal market. Social rights, which extend to other aspects of consumers' lives such as employment, social inclusion, and environmental protection, are perceived to fall outside the...

This paper explores what normative choices have been made with regard to the image(s) of the consumer in European regulatory private law (ERPL), and whether these choices may (or may not) need revision as insights on consumers' needs for protection evolve