Category Archives: Consumer Law

Francesco Paolo Patti, ‘Personalized Unfair Terms Control: EU Law Meets Innovative US Doctrines’

ABSTRACT According to part of the US scholarship, the use of big data and prediction algorithms could entail a paradigmatic change in contract law: No longer would one have general and abstract legal norms, but rather granular and personalized ones, customized on the needs and features of the contracting parties. This shift to a law […]

Magdalena Kučko, ‘The right to double compensation where the re-routed flight suffers a long delay – Upholding high standards of EU consumer protection’

ABSTRACT In March 2020, the CJEU delivered its judgment in the Case C-832/18 A and Others v Finnair Oyj concerning the application of EU Regulation 261/2004 on air passenger compensation. It considered whether passengers are entitled to compensation for cancellations or long delays of ‘re-routed’ flights to which they have been placed following cancellations of […]

Van Gool and Michel, ‘The New Consumer Sales Directive 2019/771 and Sustainable Consumption: a Critical Analysis’

ABSTRACT Directive 2019/771/EU modernizes the consumer sales regime with particular attention to digitalisation. However, regarding sustainable consumption it largely maintains the status quo, which sharply contrasts with existing EU policy on sustainable development and the green ambitions heralded by the current Commission. This article critically assesses the directive’s major features from the perspective of societal […]

Fabrizio Esposito, ‘Dziubak is a Fundamentally Wrong Decision: Superficial Reasoning, Disrespectful of National Courts, Lowers the Level of Consumer Protection’

“The Court of Justice of the European Union (‘CJEU’) got it fundamentally wrong in Dziubak. The answers given to the referring judge are based on reasoning that is perplexing, to say the least. Moreover, they lower the level of consumer protection within the European Union. Together, these two claims justify giving careful consideration to the […]

‘Report on Annual Conference on Consumer Law organized by ERA with specific highlights of the recent Representative Actions Directive’

“On 8-9 October 2020, ERA – the Academy of European Law – organized its Annual Conference on European Consumer Law 2020. It provided an insight into the main priorities of the new Consumer Agenda and remarks on key topics such as the impact of Covid-19 on consumer protection, the new Digital Services Act package, and […]

‘The Supreme Court Holds “generic.com” Terms Trademark Eligible in Landmark Decision’

“The Supreme Court held in an 8-1 decision, delivered by the late Justice Ginsburg, that the combination of a generic word and ‘.com’ may be eligible for federal trademark registration. The Court ruled ‘generic.com’ marks are only generic and ineligible for protection when consumers in fact perceive them as merely identifying a class of products […]

‘The CJEU Does Not Play Games (When It Comes to Jurisdiction over Consumer Contracts)’

“In what appears to be a rather straightforward extension of the Court’s earlier decisions in Cases C-498/16 Schrems and C-208/18 Petruchová, the CJEU held last week in Case C-774/19 Personal Exchange that a natural person contracting with the operator of an online gambling service remains a consumer in the sense of Article 15 of Regulation […]

Richardson and O’Neill, ‘Islamic mortgage-alternatives in Ireland: a comparative reflection on a decade of consumer appetite in the face of legislative uncertainty’

ABSTRACT This article provides an in-depth and comparative analysis of the accommodation of Islamic mortgage-alternatives under Irish law. It draws on results from two surveys of Ireland’s Muslim community and uses a comparative approach with the UK to highlight continuing gaps in the legal framework relevant to Ireland’s Islamic finance market. € (Westlaw) Edana Richardson […]

David Judd, ‘Disentangling DeVries: A Manufacturer’s Duty to Warn against the Dangers of Third-Party Products’

INTRODUCTION … Part I of this Comment will discuss the general duty to warn in products liability cases, presenting the duty’s history and development over the years. Part I will continue to introduce some of the different factual contexts in which the question arises of whether the scope of a manufacturer’s duty to warn encompasses […]

‘Unwrapping the consent box: The CJEU Judgment in the Orange Romania Case’

“On 11 November 2020, the Court of Justice of the European Union (CJEU) issued its decision in the case Orange Romania SA v The Romanian National Supervisory Authority for the Processing of Personal Data (Romanian DPA). This decision significantly raises the standards of consent, as we will explain in this article. It will be a […]