New book: Mateja Durovic on Unfair Commercial Practices and Contract Law


In 2005 the continuous quest of the European legislator to protect the consumer on the European internal market resulted in EU Directive 2005/29 on Unfair Commercial Practices (UCPD). At the time it was issued, the UCPD was special because of the fact that it offers maximum-harmonisation and because of its broad scope. It essentially prohibits any unfair commercial practice that infringes upon the economic interests of a consumer. To this end it adopts a complicated three-step mechanism to test the unfairness of a commercial practice. A point of uncertainty, however, has always been how the UCPD relates to the many other EU-directives in the field of contract law. A recent book published by Mateja Durovic is the first to systematically examine the ambiguous relationship between the directive and contract law. In four substantive chapters she examines the notion of the average consumer, the duty to trade fairly, the duty of information and remedies. This study thus provides an admirable and clearly written account of how one directive, and its interpretation by the Court of Justice, influence the national laws of the member states.



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