Iskanje

This study evaluates the implementation and enforcement of the Package Travel Directive (PTD) in the EU with a focus on ten EU Member States. It identifies areas for improvement, such as adapting the definition of package travel to accommodate evolving industry trends, addressing pre-contractual information gaps, improving payment practices, tackling challenges in the digital environment, enhancing enforcement mechanisms, promoting alternative dispute resolution, and increasing consumer awareness ...

Sunset clauses in International Treaties account for numerous benefits. However, their entrenchment effect disproportionally burdens future policymakers. This is the case of the Energy Charter Treaty, which poses unique challenges for two main reasons. First, compared to other treaties, the ECT contains a 20-year sunset clause. Second, the treaty is a multilateral with a rigid amendment procedure, which empowers the entrenchment effect of that treaty. Within this context, the study explores the ...

This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection ...

This study was commissioned upon request by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, upon request of the Committee on Legal Affairs. It provides a comprehensive update on recent developments on a European and national level concerning liability in subcontracting chains and the protection of workers involved in subcontracting chains. A strong focus lies on the existing European legal framework and recent developments in that regard. By assessing ...

The tourist sector is an important part of the EU's economy, generating 10% of its GDP. The internet and the rise of low-cost airlines have changed both business approaches and consumer behaviour patterns. Instead of traditional pre-arranged packages, many tourists now either combine the different elements of their holidays themselves or purchase customised packages. In July 2013, the Commission presented a proposal for a new Directive on package travel and assisted travel arrangements. It is aimed ...

This note analyses the Impact Assessment (IA) accompanying the Commission Proposal for a Regulation on a Common European Sales Law from a methodological point of view, without dealing with the substance of the proposal. In general, the IA seems to respect the methodological requirements the Commission has imposed upon itself in it Impact Assessment Guidelines. The problems to be addressed by the proposed legislation are clearly explained, related to the underlying problem drivers and logically presented ...

This briefing note explains the problems which the Common European Sales Law (CESL) sets out to solve, to what extent it actually achieves those goals and where the proposal leaves room for improvement. The paper focuses on consumer contracts concluded between parties located within the EU. It intentionally leaves the many complicated and technical details of Private International Law aside in order to make the basic structures of the current system more visible so that the usefulness of a CESL can ...

This paper provides a comment on the legislative history of the Common European Sales Law from the perspective of a former rapporteur. It dealings particularly with the importance of many of the practical surrounding and related measures such as the provision of standard terms and conditions of trade and ADR and ODR necessary to make the proposal a success.

The drafting of the Commission’s current proposal for a CESL is analysed and assessed. Recommendations for improving the drafting are made. The most important recommendation is to allow for sufficient time during the legislative process in order to avoid the technical mistakes that can be found in the proposal in its current form.

This briefing note summarises the observations and recommendations set out in the European Law Institute’s Statement on the CESL. It is divided into two parts. The first deals with the content of the proposed Regulation. The second deals with measures relating to effective implementation.