New Green Deal proposals published today: Right to repair
Recent developments In European Consumer Law
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1w ago
Photo by Kilian Seiler on UnsplashThe European Commission published two new legislative proposals today implementing the programme of the European Green Deal for Consumers: Proposal for a Directive on new rules on substantiating green claims and Proposal for a Directive on common rules promoting the repair of goods (text of both proposals may be found here). Below we provide our first thoughts on ..read more
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CJEU in C-100/21 (Mercedes-Benz group): technical rules on motor vehicles and emissions are also aimed at consumer protection
Recent developments In European Consumer Law
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1w ago
Dear readers,  this week, the CJEU has decided a case that may go unnoticed among consumer lawyers scouting the CVRIA website for new cases but has a clear connection to consumer law - namely, C-100/21 (Mercedes-Benz Group)  concerning the liability of a producer of "defeat" vehicles. We know, of course, the background to this case - namely, the so-called "Dieselgate", revealing how several car ..read more
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Lexitor saga takes (perhaps not so) unexpected twist: CJEU in UniCredit Bank Austria v VKI (C-555/21)
Recent developments In European Consumer Law
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1M ago
 Dear readers, while some of you may think this blogger spends too much time online (true), lately social media have been a great source of information concerning new case-law - take Thursday's CJEU decision in case C-555/21 on non-interest costs in the case of early repayment of mortgage credit as an example. Within an hour of the Court issuing a press release, I could see the judgment ..read more
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Deposit on recyclable packaging not included in a selling price - AG Emiliou in Verband Sozialer Wettbewerb (C-543/21)
Recent developments In European Consumer Law
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1M ago
https://www.freeimages.com/photo/recycling-symbol-toy-trucks-carrying-recycled-items-1892475Last week, on February 2, AG Emiliou issued his opinion in the case Verband Sozialer Wettbewerb (C-543/21) concerning interpretation of the 'selling price' from the Price Indication Directive (Directive 98/6/EC). The facts of the case concerned yoghurts and drinks sold in glass containers, which consumers ..read more
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Price reduction for travel services not performed due to pandemic - CJEU in FTI Touristik (C-396/21)
Recent developments In European Consumer Law
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1M ago
On January 12, the CJEU issued a judgment in FTI Touristik (C-396/21) as to the application of the Package Travel Directive  (Directive (EU) 2015/2302) in the times of a global pandemic. Specifically, the question raised by the national court was whether national restrictions adopted to fight the spread of Covid-19 could be perceived as leading to non-conformity of a package, if such restrictions ..read more
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It is your right to know the actual identity of recipients to whom your personal data have been or will be disclosed (C-154/21 Österreichische Post)
Recent developments In European Consumer Law
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2M ago
The General Data Protection Regulation (GDPR) provides individuals (data subjects) with a number of rights. These are listed in Chapter III of the GDPR and include, inter alia, the right to be informed of the processing of personal data (Articles 13 and 14 of the GDPR), right of access (Article 15 of the GDPR), right to rectification (Article 16 of the GDPR), right to erasure (Article 17 of the ..read more
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Evaluating the unfairness of immediate repayment clauses in loan contracts: the CJEU in Case C-600/21 (QE v Caisse régionale de Crédit mutuel)
Recent developments In European Consumer Law
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2M ago
Case C-600/21Facts In 2006, QE was granted a loan to purchase immovable property from Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest to be repaid over 20 years. The contract established that Caisse was entitled to accelerated and immediate repayment of the outstanding amount in case of a delay in the payment of more than 30 days by QE. According to the agreement, this ..read more
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We read *that* preliminary ruling request so you don't have to
Recent developments In European Consumer Law
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2M ago
Dear readers, as many others, I was mesmerised yesterday when a twitter user shared a preliminary reference (Italian version here - the English translation contains some mistakes so it's not super reliable right now) from the Italian Consiglio di Stato (that is the highest court in administrative matters, competent for final decisions on actions of the Italian Competition and consumer authority ..read more
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Opening 2023 in style: CJEU C‑395/21, transparency of hourly fees in contracts for legal assistance
Recent developments In European Consumer Law
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2M ago
Dear readers, you may have noticed this already if your social media feed looks anything like mine: the CJEU has issued a decision on the transparency of lawyers' fee under Directive 93/13, which is all but sure to make us talk in the coming times. While the most remarkable element in the decision concerns the application of transparency to a new - and potentially quite ripe for expansion! - set ..read more
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December wrap-up of data protection cases (Google, Österreichische Datenschutzbehörde and Pankki S)
Recent developments In European Consumer Law
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3M ago
The end of the month (and the end of the year as well) is a good moment for summaries. This time we are taking a closer look at events in the area of data protection law. December was a month with a couple of interesting events, so here is a brief recap. Dereferencing allegedly inaccurate content (C-460/20 Google)The case concerned two executives of a group of investment companies (a board member ..read more
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