Public and Private Enforcement of Consumer Law – Insights for Luxembourg

Dr. Stephanie Law; Dr. Vincent Richard

doi:10.5771/9783748929888

Summary

Eine zentrale Herausforderung des Verbraucherschutzes ist der Übertrag und die wirksame Durchsetzung des EU-Verbraucherrechts in nationale Rechtsordnungen. Die vergleichende Studie untersucht jüngsten Entwicklungen im EU-Verbraucherrecht anhand der rechtlichen und politischen Rahmenbedingungen für die Rechtsdurchsetzung in sechs europäischen Rechtsordnungen. Dabei bewerten die Autoren kritisch die Parameter des öffentlichen und privaten institutionellen Rahmens für die Durchsetzung des Verbraucherrechts auf EU- und nationaler Ebene.Mit Beiträgen vonInga Järvekülg, Dr. Stephanie Law, Dr. Janek Nowak, Dr. Vincent Richard und Thomas Thamm.

Keywords

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Bibliographic data

Edition: 1/2021
Copyright Year: 2021
ISBN-Print: 978-3-8487-8568-1
ISBN-Online: 978-3-7489-2988-8
Publisher: Nomos, Baden-Baden
Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Volume: 24
Language: English
Pages: 504
Product Type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages 1 - 12
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1. I. Introduction and Background to the Project No access
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2. Authors:
  1. a. National Report-based Methodology and Legal Orders Chosen No access
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  2. b. Workshop of 13 December 2019 No access
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3. Authors:
  1. a. Fragmentation and Complexity of Consumer Law in National Legal Systems No access
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  2. b. The (In)adequacy of Judicial Enforcement No access
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4. Authors:
  1. a. What can we learn from the diverse approaches adopted in different Member States? No access
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  2. b. Compensation of damages suffered by consumers through private enforcement No access
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  3. c. Collective Redress No access
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  4. d. Public Enforcement No access
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  5. e. The Rise of Consumer Mediation No access
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5. V. Conclusion No access
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1. Authors:
  1. Authors:
    1. 1.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
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  2. Authors:
    1. 2.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
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  3. Authors:
    1. Authors:
      1. Constitutional or Fundamental Right: No access
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      2. Influence of EU Law: No access
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      3. Coherence: No access
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  4. Authors:
    1. 4.1. What are the current key focal points of consumer policy? No access
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    2. 4.2. What shifts (if any) have occurred in consumer policy during the past fifteen years? No access
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2. Authors:
  1. Authors:
    1. The Ministry of Consumers/Economy: No access
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    2. 1.1. Judicial mechanisms (i.e. before a court)? No access
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    3. 1.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
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    4. Authors:
      1. Consumer Mediation Evaluation and Control Commission (Commission d’évaluation et de contrôle de la médiation de la consommation, CECMC): No access
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  2. Authors:
    1. 2.1. Judicial mechanisms (i.e. before a court)? No access
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    2. 2.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
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    3. 2.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
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  3. Authors:
    1. 3.1. If so, in what sectors? No access
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    2. 3.2. What mechanisms have been established? No access
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    3. 3.3. Why have specific enforcement mechanisms been established in these sectors? No access
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3. Authors:
  1. Authors:
    1. General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF): No access
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    2. National Consumers Institute (INC): No access
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    3. Unfair terms commission (CCA): No access
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    4. National Consumers Council (CNC): No access
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    5. Consumer mediation evaluation and control commission (CECMC): No access
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  2. Authors:
    1. Financial Market Regulator (AMF): No access
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    2. Prudential Supervision and Resolution Authority (ACPR): No access
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    3. Energy Regulator (CRE): No access
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    4. Competition Regulator: No access
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    5. National Council of Food (CNA): No access
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    6. Agency for Food, Environmental and Occupational Health & Safety (ANSES): No access
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    7. National Agency for the Safety of Health Products (ANSM): No access
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    8. National Laboratory of Metrology and Testing (LNE): No access
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    9. Electronic Communication and Postal Services Regulator (ARCEP): No access
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    10. Advertising Regulation Authority (ARPP) No access
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    11. Commission on Information Technology and Liberties (CNIL): No access
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    12. Superior Council of Broadcasting (CSA): No access
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  3. 3. Are these authorities also responsible for other areas of law beyond consumer protection (e.g. competition, environmental law)? No access
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  4. 4. What is the legal basis of this authority/each of these authorities? No access
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  5. Authors:
    1. Authors:
      1. Financial Market Regulator (AMF): No access
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      2. Unfair terms commission (CCA): No access
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      3. Electronic communication and postal services Regulator (ARCEP): No access
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      4. Energy Regulator (CRE): No access
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      5. Competition Regulator: No access
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      6. Agency for Food, Environmental and Occupational Health & Safety (ANSES): No access
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      7. National Agency for the Safety of Health Products (ANSM): No access
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      8. Advertising Regulation Authority (ARPP): No access
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      9. Superior Council of the Audiovisual (CSA): No access
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    2. Authors:
      1. General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF): No access
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      2. National Consumers Institute (INC): No access
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      3. Unfair Terms Commission (CCA): No access
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      4. National Consumers Council (CNC): No access
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      5. Consumer Mediation Evaluation and Control Commission (CECMC): No access
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      6. Financial Market Regulator (AMF): No access
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      7. Prudential Supervision and Resolution Authority (ACPR): No access
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      8. Energy Regulator (CRE): No access
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      9. Competition Regulator: No access
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      10. National Council of Food (CNA): No access
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      11. Agency for Food, Environmental and Occupational Health & Safety (ANSES): No access
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      12. National Agency for the Safety of Health Products (ANSM): No access
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      13. National Laboratory of Metrology and Testing (LNE): No access
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      14. Electronic Communication and Postal Services Regulator (ARCEP): No access
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      15. Advertising Regulation authority (ARPP): No access
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      16. Commission on Information Technology and Liberties (CNIL): No access
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      17. Superior Council of Broadcasting (CSA): No access
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  6. 6. How are issues of consumer law brought before these authorities? No access
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  7. Authors:
    1. 7.1. Do they have powers to investigate? And compel testimony, documents etc? No access
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    2. 7.2. Can they adopt preliminary measures? No access
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    3. 7.3. What remedies are available if a breach of consumer law is identified? No access
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    4. 7.4. What sanctions can be imposed if a breach of consumer law is identified? (e.g. fines, prohibition of business activities?) No access
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    5. 7.5. Are other outcomes available (e.g. commitments by traders)? No access
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    6. 7.6. Can they initiate civil law claims on behalf of consumers? No access
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    7. Authors:
      1. General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF): No access
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      2. Financial Market Regulator (AMF): No access
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      3. Competition Regulator: No access
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      4. Prudential Supervision and Resolution Authority (ACPR): No access
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      5. National Agency for the Safety of Health Products (ANSM): No access
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      6. Commission on Information Technology and Liberties (CNIL): No access
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      7. Superior Council of the Broadcasting (CSA): No access
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  8. 8. Are the same administrative authorities responsible for cross-border enforcement of consumer law under the CPC Regulation? No access
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  9. 9. What are their powers in cross-border violations of consumer law? Are they equivalent to a domestic situation? No access
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  10. 10. How do they cooperate with authorities in the same Member State? How is this cooperation established (e.g. by an MoU?) No access
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  11. 11. How do they cooperate with authorities in other Member States? How is this cooperation established (e.g. by an MoU?) No access
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  12. 12. Are the remedies, sanctions and other outcomes available considered to be adequate? No access
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  13. 13. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
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4. Authors:
  1. Authors:
    1. 1.1. Is it a court with general jurisdiction? No access
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    2. 1.2. Is there a specialised court or tribunal for consumer disputes? No access
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  2. Authors:
    1. Jurisdiction: No access
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    2. Simplified procedure: No access
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    3. Standard of proof: No access
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    4. Role of the judge: No access
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    5. Expedited procedure for uncontested claims: No access
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  3. 3. Are normal civil law remedies available for consumer law claims? No access
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  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
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5. Authors:
  1. 1. Does a mechanism for judicial collective redress exist? No access
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  2. Authors:
    1. Authors:
      1. Consumers’ collective redress (Law of 2014): No access
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      2. Simplified collective redress: No access
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    2. 2.2. Can individuals initiate collective redress? No access
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    3. 2.3. How are collective redress actions funded? No access
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  3. Authors:
    1. Authors:
      1. Art. R811–1: No access
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      2. Art. R811–7: No access
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    2. 3.2. Can you provide some examples of such entities? No access
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  4. Authors:
    1. 4.1. Are there rules on pendency? No access
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  5. 5. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
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6. Authors:
  1. 1. What consumer organisation(s) exist in your Member State? No access
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  2. Authors:
    1. 2.1. Are there requirements that have to be satisfied in order for consumer organisations to be established as such? No access
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    2. 2.2. If so, what are they? (e.g. independence, impartiality, funding etc?) No access
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  3. Authors:
    1. 3.1. Do they work with administrative authorities? Can they report violations to such authorities? No access
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    2. 3.2. Can they bring collective redress actions before courts? No access
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    3. Authors:
      1. Joint representative action: No access
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      2. Consumer collective interests’ actions: No access
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  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
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7. Authors:
  1. Authors:
    1. Arbitration: No access
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    2. Ombudsperson: No access
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    3. Conciliation No access
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    4. Mediation No access
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    5. Consumer Mediation Evaluation and Control Commission (CECMC): No access
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  2. 2. Are there requirements that have to be satisfied in order for ADR entities to be established as such? If so, what are they? (e.g. independence, impartiality, funding etc?) No access
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  3. Authors:
    1. Public mediators No access
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    2. Private Mediators No access
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    3. Mediators belonging to a federation or an organisation No access
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    4. Organisations or societies of mediators No access
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    5. Collegial mediators No access
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  4. 4. How do ADR mechanisms operate in a cross-border context? No access
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  5. 5. Can collective claims be dealt with via ADR? No access
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  6. 6. Are ADR mechanisms considered to be effective? No access
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  7. Authors:
    1. Best practices: No access
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    2. Obstacles: No access
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8. Authors:
  1. 1. What is the relationship between administrative remedies and sanctions and civil law remedies in individual actions? No access
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  2. 2. Taking into consideration the Enforcement and Modernisation of Consumer Law “Omnibus” Directive (not yet published in the Official Journal), how is it anticipated that this Directive will be implem... No access
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  3. 3. What is the relationship between administrative remedies and sanctions and civil law remedies in collective actions? No access
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  4. Authors:
    1. 4.1. Are there rules on pendency if simultaneous actions are launched? No access
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  5. Authors:
    1. 5.1. Are there rules on pendency? No access
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  6. 6. How do ADR mechanisms relate to judicial and administrative enforcement? No access
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  7. 7. How is the institutional framework designed to ensure that with sequentiality, even if mandatory, that access to court is not precluded? So as to be compatible with Art 47? No access
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9. IX. Open responses No access
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10. Authors:
  1. 1. How many judgements of a consumer protection-related nature were rendered by courts in 2015–2018? No access
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  2. 2. How many disputes of a consumer protection-related nature were dealt with by public (administrative) enforcement agencies between 2015–2018? No access
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  3. 3. How many disputes of a consumer protection-related nature were dealt with by ADR bodies between 2015–2018? No access
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11. Authors:
  1. Volkswagen: No access
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  2. Unfair terms by Banks No access
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Authors:
1. Authors:
  1. Authors:
    1. 1.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
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  2. Authors:
    1. 2.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
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  3. Authors:
    1. Authors:
      1. No constitutional right No access
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      2. EU law influence No access
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      3. Lack of coherence No access
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  4. Authors:
    1. 4.1. What are the current key focal points of consumer policy? No access
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    2. 4.2. What shifts (if any) have occurred in consumer policy during the past fifteen years? No access
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2. Authors:
  1. Authors:
    1. 1.1. Judicial mechanisms (i.e. before a court)? No access
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    2. 1.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
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    3. 1.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
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  2. Authors:
    1. 2.1. Judicial mechanisms (i.e. before a court)? No access
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    2. 2.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
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    3. 2.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
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  3. Authors:
    1. 3.1. If so, in what sectors? No access
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    2. 3.2. What mechanisms have been established? No access
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    3. 3.3. Why have specific enforcement mechanisms been established in these sectors? No access
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3. Authors:
  1. Authors:
    1. Federal Public Service of Economy, SME’s, Self-employed and Energy – Directorate General of Economic Inspection (DG EI) No access
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    2. Belgian Competition Authority (BCA) No access
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    3. Belgian Institute for Postal Services and Telecommunications (BIPT) No access
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    4. Data Protection Authority (DPA) No access
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    5. Energy market No access
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    6. Federal Agency for Medicines and Health Products (FAMHP) No access
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    7. Federal Agency for the Safety of the Food Chain (FASFC) No access
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    8. Financial services and markets authority (FSMA) No access
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    9. Media regulators No access
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    10. Water (market price regulation: price control and dispute settlement) No access
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  2. 2. Do these authorities differ depending on the field of consumer law? I.e. are the administrative authorities sector-specific? No access
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  3. 3. Are these authorities also responsible for other areas of law beyond consumer protection (e.g. competition, environmental law)? No access
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  4. 4. What is the legal basis of this authority/each of these authorities? No access
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  5. Authors:
    1. Authors:
      1. Independent authorities No access
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      2. Fully autonomous authorities No access
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      3. Quasi-autonomous authorities No access
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      4. Semi-autonomous authorities No access
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      5. Limited autonomous authorities No access
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      6. Operationally autonomous authorities No access
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      7. Authorities within the ministry No access
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    2. Authors:
      1. Authors:
        Directorate General of Economic Inspection No access
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        Belgian Competition Authority No access
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        Belgian Institute for Postal services and Telecommunications No access
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        Data Protection Authority No access
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        Federal Agency for Medicines and Health Products No access
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        Federal Agency for the Safety of the Food Chain No access
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        Federal Commission for Energy and Gas Regulation No access
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        Financial Services and Markets Authority No access
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      2. Authors:
        Commission for the Regulation of the Electricity and Gas Market (Brugel) No access
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        Brussels Media Regulator: BIPT No access
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        Brussels (drinking water supply): Brugel No access
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      3. Authors:
        Flemish Regulatory Authority for the Electricity and Gas Market (VREG) No access
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        Flemish Media Regulator (VRM) No access
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        Flemish Environmental Agency (FEA) No access
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      4. Authors:
        High Council for Audio-visual Services No access
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      5. Authors:
        Media Council No access
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      6. Authors:
        Walloon Commission for Energy No access
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      7. Concluding remark on independence No access
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  6. 6. How are issues of consumer law brought before these authorities? No access
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  7. Authors:
    1. Authors:
      1. Economic Inspection No access
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      2. Belgian Competition Authority No access
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      3. Belgian Institute for Postal Services and Telecommunication No access
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      4. Data Protection Authority No access
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      5. Federal Commission for Energy and Gas Regulation No access
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      6. Federal Agency for Medicines and Health Products No access
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      7. Federal Agency for the Safety of the Food Chain No access
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      8. Financial Services and Markets Authority No access
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      9. Flemish media regulator No access
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      10. High Council for Audio-visual Services No access
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      11. Media Council No access
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    2. Authors:
      1. Economic Inspection No access
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      2. Belgian Competition Authority No access
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      3. Belgian Institute for Postal Services and Telecommunication No access
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      4. Data Protection Authority No access
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      5. Federal Agency for Medicines and Health Products No access
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      6. Federal Agency for the Safety of the Food Chain No access
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      7. Financial Services and Markets Authority No access
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      8. Flemish Media Regulator No access
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      9. High Council for Audio-visual Services No access
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      10. Media Council No access
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    3. 7.3. What remedies are available if a breach of consumer law is identified? No access
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    4. Authors:
      1. Economic Inspection No access
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      2. Belgian Competition Authority No access
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      3. Belgian Institute for Postal Services and Telecommunication No access
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      4. Data Protection Authority No access
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      5. Brugel No access
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      6. Flemish Regulatory Authority for the Electricity and Gas Market No access
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      7. Walloon Commission for Energy No access
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      8. Federal Agency for Medicines and Health Products No access
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      9. Federal Agency for the Safety of the Food Chain No access
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      10. Financial Services and Markets Authority No access
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      11. Flemish Media Regulator No access
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      12. High Council for Audio-visual Services No access
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      13. Media Council No access
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    5. Authors:
      1. Belgian Competition Authority No access
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      2. Data Protection Authority No access
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      3. Federal Agency for Medicines and Health Products No access
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      4. Economic Inspection No access
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    6. Authors:
      1. Economic Inspection No access
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      2. Financial Services and Markets Authority No access
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    7. Authors:
      1. Economic Inspection No access
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      2. Data Protection Authority No access
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      3. Financial Services and Markets Authority No access
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      4. Federal Agency for Medicines and Health Products No access
        Authors:
  8. 8. Are the same administrative authorities responsible for cross-border enforcement of consumer law under the CPC Regulation? No access
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  9. Authors:
    1. Data Protection Authority No access
      Authors:
    2. Belgian Institute for Postal services and Telecommunications in its capacity as media regulator of bi-communitarian mediaservices in the Region of Brussels-Capital No access
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    3. Flemish Media Regulator No access
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    4. Financial Services and Markets Authority No access
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  10. Authors:
    1. Authors:
      1. Belgian Institute for Postal services and Telecommunications No access
        Authors:
      2. Financial Services and Markets Authority No access
        Authors:
      3. High Council for Audio-visual Services No access
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    2. Authors:
      1. Brugel No access
        Authors:
    3. Example: Cooperation in energy matters between the Federal Energy Ombudsperson and the energy regulators in matters of dispute settlement No access
      Authors:
  11. 11. How do they cooperate with authorities in other Member States? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  12. 12. Are the remedies, sanctions and other outcomes available considered to be adequate? No access
    Authors:
  13. 13. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
4. Authors:
  1. Authors:
    1. 1.1. Is it a court with general jurisdiction? No access
      Authors:
    2. 1.2. Is there a specialised court or tribunal for consumer disputes? No access
      Authors:
  2. 2. Is there a specialised procedure to deal with consumer law claims? No access
    Authors:
  3. 3. Are normal civil law remedies available for consumer law claims? No access
    Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
5. Authors:
  1. 1. Does a mechanism for judicial collective redress exist? No access
    Authors:
  2. Authors:
    1. 2.1. How is the class constituted? (i.e. opt in or opt out)? No access
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    2. 2.2. Can individuals initiate collective redress? No access
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    3. Authors:
      1. Legal provisions on funding No access
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      2. Practice No access
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  3. Authors:
    1. Authors:
      1. There are four categories of qualified entities that can bring an action for collective redress: No access
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      2. When the association is established in Belgium: No access
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      3. When the association is established abroad: No access
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    2. Authors:
      1. On the basis of Article XVII.39, 1° ELC: No access
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      2. On the basis of Article XVII.39, 2° ELC: No access
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  4. Authors:
    1. 4.1. Are there rules on pendency? No access
      Authors:
  5. 5. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
6. Authors:
  1. 1. What consumer organisation(s) exist in your Member State? No access
    Authors:
  2. Authors:
    1. Authors:
      1. Currently, a transitionary phase is in place: No access
        Authors:
    2. 2.2. If so, what are they? (e.g. independence, impartiality, funding etc?) No access
      Authors:
  3. Authors:
    1. 3.1. Do they work with administrative authorities? Can they report violations to such authorities? No access
      Authors:
    2. 3.2. Can they bring collective redress actions before courts? No access
      Authors:
    3. 3.3. Can they represent individual consumers before courts? No access
      Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
7. Authors:
  1. Authors:
    1. Defining ADR No access
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    2. Pre-ADR No access
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    3. ADR proper No access
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    4. Authors:
      1. Public entities: No access
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      2. Private entities: No access
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    5. Private ADR initiatives No access
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    6. Alternative dispute settlement by the regulator No access
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    7. Professional bodies No access
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    8. Conclusion No access
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  2. 2. Are there requirements that have to be satisfied in order for ADR entities to be established as such? If so, what are they? (e.g. independence, impartiality, funding etc?) No access
    Authors:
  3. 3. How are the ADR mechanisms established and run? By legislation (i.e. by the state)? Or by the trader? Private or public? No access
    Authors:
  4. 4. How do ADR mechanisms operate in a cross-border context? No access
    Authors:
  5. 5. Can collective claims be dealt with via ADR? No access
    Authors:
  6. 6. Are ADR mechanisms considered to be effective? No access
    Authors:
  7. 7. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
8. Authors:
  1. 1. What is the relationship between administrative remedies and sanctions and civil law remedies in individual actions? No access
    Authors:
  2. 2. What is the relationship between administrative remedies and sanctions and civil law remedies in collective actions? No access
    Authors:
  3. Authors:
    1. 3.1. Are there rules on pendency if simultaneous actions are launched? No access
      Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency? No access
      Authors:
  5. Authors:
    1. Relationship between consumer ADR and consumer collective redress No access
      Authors:
    2. Relationship between consumer ADR and individual consumer litigation No access
      Authors:
    3. Relationship between consumer ADR and regulatory dispute settlement No access
      Authors:
    4. Relationship between consumer ADR and regulatory compliance procedures No access
      Authors:
  6. Authors:
    1. Access to the ADR system is sequential No access
      Authors:
    2. ADR and courts: non-sequential No access
      Authors:
9. IX. Open responses No access
  Authors:
10. Authors:
  1. 1. How many judgements of a consumer protection-related nature were rendered by courts in 2015–2018? No access
    Authors:
  2. Authors:
    1. It is difficult to compile these statistics for the following reasons: No access
      Authors:
  3. 3. How many disputes of a consumer protection-related nature were dealt with by ADR bodies between 2015–2018? No access
    Authors:
11. XI. Objective legal analysis of example case studies – public and private enforcement No access
  Authors:
Authors:
1. Authors:
  1. Authors:
    1. 1.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
      Authors:
  2. Authors:
    1. 2.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
      Authors:
  3. Authors:
    1. 3.1. E.g. Is consumer protection established as a fundamental or constitutional right? What is the primary influential regulatory model (EU law, international law etc.)? Is it characterised by fragmen... No access
      Authors:
  4. Authors:
    1. 4.1. What are the current key focal points of consumer policy? No access
      Authors:
    2. 4.2. What shifts (if any) have occurred in consumer policy during the past fifteen years? No access
      Authors:
2. Authors:
  1. Authors:
    1. 1.1. Judicial mechanisms (i.e. before a court)? No access
      Authors:
    2. 1.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
      Authors:
    3. 1.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
      Authors:
  2. Authors:
    1. 2.1. Judicial mechanisms (i.e. before a court)? No access
      Authors:
    2. 2.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
      Authors:
    3. 2.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
      Authors:
  3. Authors:
    1. 3.1. If so, in what sectors? No access
      Authors:
    2. 3.2. What mechanisms have been established? No access
      Authors:
    3. 3.3. Why have specific enforcement mechanisms been established in these sectors? No access
      Authors:
3. Authors:
  1. 1. Which administrative authorities are designated primarily responsible for the enforcement of consumer law? No access
    Authors:
  2. 2. Do these authorities differ depending on the field of consumer law? I.e. are the administrative authorities sector-specific? No access
    Authors:
  3. 3. Are these authorities also responsible for other areas of law beyond consumer protection (e.g. competition, environmental law)? No access
    Authors:
  4. 4. What is the legal basis of this authority/each of these authorities? No access
    Authors:
  5. Authors:
    1. 5.1. Is it/are they independent? No access
      Authors:
    2. 5.2. How is it/are they constituted? Who are its/their members? No access
      Authors:
  6. 6. How are issues of consumer law brought before these authorities? No access
    Authors:
  7. Authors:
    1. 7.1. Do they have powers to investigate? And compel testimony, documents etc? No access
      Authors:
    2. 7.2. Can they adopt preliminary measures? No access
      Authors:
    3. 7.3. What remedies are available if a breach of consumer law is identified? No access
      Authors:
    4. 7.4. What sanctions can be imposed if a breach of consumer law is identified? (e.g. fines, prohibition of business activities?) No access
      Authors:
    5. 7.5. Are other outcomes available (e.g. commitments by traders)? No access
      Authors:
    6. 7.6. Can they initiate civil law claims on behalf of consumers? No access
      Authors:
    7. 7.7. Can they investigate and prosecute breaches of consumer law? No access
      Authors:
  8. 8. Are the same administrative authorities responsible for cross-border enforcement of consumer law under the CPC Regulation? No access
    Authors:
  9. 9. What are their powers in cross-border violations of consumer law? Are they equivalent to a domestic situation? No access
    Authors:
  10. 10. How do they cooperate with authorities in the same Member State? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  11. 11. How do they cooperate with authorities in other Member States? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  12. 12. Are the remedies, sanctions and other outcomes available considered to be adequate? No access
    Authors:
  13. 13. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
4. Authors:
  1. Authors:
    1. 1.1. Is it a court with general jurisdiction? No access
      Authors:
    2. 1.2. Is there a specialised court or tribunal for consumer disputes? No access
      Authors:
  2. 2. Is there a specialised procedure to deal with consumer law claims? No access
    Authors:
  3. 3. Are normal civil law remedies available for consumer law claims? No access
    Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
5. Authors:
  1. 1. Does a mechanism for judicial collective redress exist? No access
    Authors:
  2. Authors:
    1. 2.1. How is the class constituted? (i.e. opt in or opt out)? No access
      Authors:
    2. 2.2. Can individuals initiate collective redress? No access
      Authors:
    3. 2.3. How are collective redress actions funded? No access
      Authors:
  3. Authors:
    1. 3.1. What are the requirements for entities to be recognised as such? (e.g. independence, impartiality, funding etc?) No access
      Authors:
    2. 3.2. Can you provide some examples of such entities? No access
      Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency? No access
      Authors:
  5. 5. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
6. Authors:
  1. 1. What consumer organisation(s) exist in your Member State? No access
    Authors:
  2. Authors:
    1. 2.1. Are there requirements that have to be satisfied in order for consumer organisations to be established as such? No access
      Authors:
    2. 2.2. If so, what are they? (e.g. independence, impartiality, funding etc?) No access
      Authors:
  3. Authors:
    1. 3.1. Do they work with administrative authorities? Can they report violations to such authorities? No access
      Authors:
    2. 3.2. Can they bring collective redress actions before courts? No access
      Authors:
    3. Authors:
      1. According to § 19 Consumer Protection Act, consumer associations have the right to: No access
        Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
7. Authors:
  1. 1. What forms of ADR mechanism exist for the enforcement of consumer protection? (conciliation, mediation, arbitration, ombudsperson, etc?) No access
    Authors:
  2. 2. Are there requirements that have to be satisfied in order for ADR entities to be established as such? If so, what are they? (e.g. independence, impartiality, funding etc?) No access
    Authors:
  3. 3. How are the ADR mechanisms established and run? By legislation (i.e. by the state)? Or by the trader? Private or public? No access
    Authors:
  4. 4. How do ADR mechanisms operate in a cross-border context? No access
    Authors:
  5. 5. Can collective claims be dealt with via ADR? No access
    Authors:
  6. 6. Are ADR mechanisms considered to be effective? No access
    Authors:
  7. 7. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
8. Authors:
  1. 1. What is the relationship between administrative remedies and sanctions and civil law remedies in individual actions? No access
    Authors:
  2. 2. Taking into consideration the Enforcement and Modernisation of Consumer Law “Omnibus” Directive (not yet published in the Official Journal), how is it anticipated that this Directive will be implem... No access
    Authors:
  3. 3. What is the relationship between administrative remedies and sanctions and civil law remedies in collective actions? No access
    Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency if simultaneous actions are launched? No access
      Authors:
  5. Authors:
    1. 5.1. Are there rules on pendency? No access
      Authors:
  6. 6. How do ADR mechanisms relate to judicial and administrative enforcement? No access
    Authors:
  7. 7. How is the institutional framework designed to ensure that with sequentiality, even if mandatory, that access to court is not precluded? So as to be compatible with Art 47? No access
    Authors:
9. IX. Open responses No access
  Authors:
10. Authors:
  1. 1. How many judgements of a consumer protection-related nature were rendered by courts in 2015–2018? No access
    Authors:
  2. 2. How many disputes of a consumer protection-related nature were dealt with by public (administrative) enforcement agencies between 2015–2018? No access
    Authors:
  3. 3. How many disputes of a consumer protection-related nature were dealt with by ADR bodies between 2015–2018? No access
    Authors:
11. Authors:
  1. Volkswagen scandal No access
    Authors:
  2. Use of unfair terms by banks No access
    Authors:
Authors:
1. Authors:
  1. Authors:
    1. 1.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
      Authors:
  2. Authors:
    1. 2.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
      Authors:
  3. Authors:
    1. 3.1. E.g. Is consumer protection established as a fundamental or constitutional right? What is the primary influential regulatory model (EU law, international law etc.)? Is it characterised by fragmen... No access
      Authors:
  4. Authors:
    1. 4.1. What are the current key focal points of consumer policy? No access
      Authors:
    2. 4.2. What shifts (if any) have occurred in consumer policy during the past fifteen years? No access
      Authors:
2. Authors:
  1. Authors:
    1. 1.1. Judicial mechanisms (i.e. before a court)? No access
      Authors:
    2. 1.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
      Authors:
    3. 1.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
      Authors:
  2. Authors:
    1. 2.1. Judicial mechanisms (i.e. before a court)? No access
      Authors:
    2. 2.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
      Authors:
    3. 2.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
      Authors:
3. Authors:
  1. Authors:
    1. A. Citizens Advice Bureau (CAB): No access
      Authors:
    2. B. Which? No access
      Authors:
    3. C. Resolver No access
      Authors:
    4. A. Sector-specific Ombudspersons: No access
      Authors:
    5. B. Chartered Trading Standards Institute and Local Authority Trading Standards Services No access
      Authors:
    6. C. Competition and Markets Authority (CMA) and Financial Conduct Authority (FCA) No access
      Authors:
  2. 1. Do these authorities differ depending on the field of consumer law? I.e. are the administrative authorities sector-specific? No access
    Authors:
  3. 2. Are these authorities also responsible for other areas of law beyond consumer protection (e.g. competition, environmental law)? No access
    Authors:
  4. 3. What is the legal basis of this authority/each of these authorities? No access
    Authors:
  5. Authors:
    1. 4.1. Is it/are they independent? No access
      Authors:
    2. Authors:
      1. TSSs: No access
        Authors:
      2. CMA: No access
        Authors:
      3. FCA: No access
        Authors:
  6. Authors:
    1. TSSs: No access
      Authors:
    2. CMA: No access
      Authors:
    3. FCA: No access
      Authors:
  7. Authors:
    1. 6.1. Do they have powers to investigate? And compel testimony, documents etc? No access
      Authors:
    2. 6.2. Can they adopt preliminary measures? No access
      Authors:
    3. 6.3. What remedies are available if a breach of consumer law is identified? No access
      Authors:
    4. 6.4. What sanctions can be imposed if a breach of consumer law is identified? (e.g. fines, prohibition of business activities?) No access
      Authors:
    5. 6.5. Are other outcomes available (e.g. commitments by traders)? No access
      Authors:
    6. 6.6. Can they initiate civil law claims on behalf of consumers? No access
      Authors:
    7. 6.7. Can they investigate and prosecute breaches of consumer law? No access
      Authors:
    8. TSS: No access
      Authors:
    9. FCA: No access
      Authors:
    10. CMA: No access
      Authors:
  8. 7. Are the same administrative authorities responsible for cross-border enforcement of consumer law under the CPC Regulation? No access
    Authors:
  9. 8. What are their powers in cross-border violations of consumer law? Are they equivalent to a domestic situation? No access
    Authors:
  10. 9. How do they cooperate with authorities in the same Member State? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  11. 10. How do they cooperate with authorities in other Member States? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  12. 11. Are the remedies, sanctions and other outcomes available considered to be adequate? No access
    Authors:
4. Authors:
  1. Authors:
    1. 1.1. Is it a court with general jurisdiction? No access
      Authors:
    2. 1.2. Is there a specialised court or tribunal for consumer disputes? No access
      Authors:
  2. 2. Is there a specialised procedure to deal with consumer law claims? No access
    Authors:
  3. 3. Are normal civil law remedies available for consumer law claims? No access
    Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
5. Authors:
  1. Authors:
    1. The Representative Action No access
      Authors:
    2. The Group Litigation Order No access
      Authors:
    3. Competition Damages Claims No access
      Authors:
  2. Authors:
    1. 2.1. How is the class constituted? (i.e. opt in or opt out)? No access
      Authors:
    2. 2.2. Can individuals initiate collective redress? No access
      Authors:
    3. 2.3. How are collective redress actions funded? No access
      Authors:
  3. Authors:
    1. 3.1. What are the requirements for entities to be recognised as such? (e.g. independence, impartiality, funding etc?) No access
      Authors:
    2. 3.2. Can you provide some examples of such entities? No access
      Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency? No access
      Authors:
  5. 5. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
6. Authors:
  1. 1. What consumer organisation(s) exist in your Member State? No access
    Authors:
  2. Authors:
    1. 2.1. Are there requirements that have to be satisfied in order for consumer organisations to be established as such? No access
      Authors:
    2. 2.2. If so, what are they? (e.g. independence, impartiality, funding etc?) No access
      Authors:
  3. Authors:
    1. 3.1. Do they work with administrative authorities? Can they report violations to such authorities? No access
      Authors:
    2. 3.2. Can they bring collective redress actions before courts? No access
      Authors:
    3. 3.3. Can they represent individual consumers before courts? No access
      Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
7. Authors:
  1. 1. What forms of ADR mechanism exist for the enforcement of consumer protection? (conciliation, mediation, arbitration, ombudsperson, etc?) No access
    Authors:
  2. 2. Are there requirements that have to be satisfied in order for ADR entities to be established as such? If so, what are they? (e.g. independence, impartiality, funding etc?) No access
    Authors:
  3. 3. How are the ADR mechanisms established and run? By legislation (i.e. by the state)? Or by the trader? Private or public? No access
    Authors:
  4. 4. How do ADR mechanisms operate in a cross-border context? No access
    Authors:
  5. 5. Can collective claims be dealt with via ADR? No access
    Authors:
  6. 6. Are ADR mechanisms considered to be effective? No access
    Authors:
  7. 7. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
8. Authors:
  1. Authors:
    1. Scope for review by courts of decisions of administrative bodies: No access
      Authors:
    2. Forum for such review: No access
      Authors:
    3. Examples of appeal and review: No access
      Authors:
    4. The procedure is set out in the CPRs (Part 54): No access
      Authors:
  2. 2. What is the relationship between administrative remedies and sanctions and civil law remedies in collective actions? No access
    Authors:
  3. 3. Taking into consideration the Enforcement and Modernisation of Consumer Law “Omnibus” Directive (not yet published in the Official Journal), how is it anticipated that this Directive will be implem... No access
    Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency if simultaneous actions are launched? No access
      Authors:
  5. Authors:
    1. 5.1. Are there rules on pendency? No access
      Authors:
  6. Authors:
    1. ADR and judicial actions: No access
      Authors:
  7. 7. How is the institutional framework designed to ensure that with sequentiality, even if mandatory, that access to court is not precluded? So as to be compatible with Art 47? No access
    Authors:
9. IX. Open responses No access
  Authors:
10. Authors:
  1. 1. How many judgements of a consumer protection-related nature were rendered by courts in 2015–2018? No access
    Authors:
  2. 2. How many disputes of a consumer protection-related nature were dealt with by public (administrative) enforcement agencies between 2015–2018? No access
    Authors:
  3. 3. How many disputes (complaints) of a consumer protection-related nature were dealt with by ADR bodies between 2015–2018? No access
    Authors:
11. Authors:
  1. Authors:
    1. Funding No access
      Authors:
    2. Governmental action No access
      Authors:
  2. Authors:
    1. Unfair contract terms – judicial actions No access
      Authors:
Authors:
1. Authors:
  1. Authors:
    1. 1.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
      Authors:
  2. Authors:
    1. 2.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
      Authors:
  3. Authors:
    1. Authors:
      1. Constitutional Right or Fundamental Right: No access
        Authors:
      2. Influence of EU Law: No access
        Authors:
  4. Authors:
    1. 4.1. What are the current key focal points of consumer policy? No access
      Authors:
    2. 4.2. What shifts (if any) have occurred in consumer policy during the past fifteen years? No access
      Authors:
2. Authors:
  1. Authors:
    1. 1.1. Judicial mechanisms (i.e. before a court)? No access
      Authors:
    2. 1.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
      Authors:
    3. 1.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
      Authors:
  2. Authors:
    1. 2.1. Judicial mechanisms (i.e. before a court)? No access
      Authors:
    2. 2.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
      Authors:
    3. 2.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
      Authors:
  3. Authors:
    1. 3.1. If so, in what sectors? No access
      Authors:
    2. 3.2. What mechanisms have been established? No access
      Authors:
    3. 3.3. Why have specific enforcement mechanisms been established in these sectors? No access
      Authors:
3. Authors:
  1. 1. Which administrative authorities are designated primarily responsible for the enforcement of consumer law? No access
    Authors:
  2. 2. Do these authorities differ depending on the field of consumer law? I.e. are the administrative authorities sector-specific? No access
    Authors:
  3. 3. Are these authorities also responsible for other areas of law beyond consumer protection (e.g. competition, environmental law)? No access
    Authors:
  4. 4. What is the legal basis of this authority/each of these authorities? No access
    Authors:
  5. Authors:
    1. 5.1. Is it/are they independent? No access
      Authors:
    2. 5.2. How is it/are they constituted? Who are its/their members? No access
      Authors:
  6. Authors:
    1. Ministry for Consumer Protection No access
      Authors:
    2. Commission of Surveillance of the Financial Sector (Commission de Surveillance du Secteur Financier, CSSF): No access
      Authors:
    3. Insurance Commissioner (Commissariat aux assurances), CAA): No access
      Authors:
    4. The National Commission for Data Protection (La Commission nationale pour la protection des données, CNPD): No access
      Authors:
    5. Independent Audiovisual Authority of Luxembourg (Autorité luxembourgeoise indépendante de l’audiovisuel, ALIA): No access
      Authors:
    6. Competition Council (Conseil de la concurrence): No access
      Authors:
    7. Luxembourg Regulation Institute, (Institut Luxembourgeois de Régulation, ILR): No access
      Authors:
  7. Authors:
    1. 7.1. Do they have powers to investigate? And compel testimony, documents etc? No access
      Authors:
    2. 7.2. Can they adopt preliminary measures? No access
      Authors:
    3. 7.3. What remedies are available if a breach of consumer law is identified? No access
      Authors:
    4. 7.4. What sanctions can be imposed if a breach of consumer law is identified? (e.g. fines, prohibition of business activities?) No access
      Authors:
    5. 7.5. Are other outcomes available (e.g. commitments by traders)? No access
      Authors:
    6. 7.6. Can they initiate civil law claims on behalf of consumers? No access
      Authors:
    7. 7.7. Can they investigate and prosecute breaches of consumer law? No access
      Authors:
  8. 8. Are the same administrative authorities responsible for cross-border enforcement of consumer law under the Consumer protection cooperation Regulation? No access
    Authors:
  9. 9. What are their powers in cross-border violations of consumer law? Are they equivalent to a domestic situation? No access
    Authors:
  10. 10. How do they cooperate with authorities in the same Member State? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  11. 11. How do they cooperate with authorities in other Member States? How is this cooperation established (e.g. by an MoU?) No access
    Authors:
  12. 12. Are the remedies, sanctions and other outcomes available considered to be adequate? No access
    Authors:
  13. 13. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
4. Authors:
  1. Authors:
    1. 1.1. Is it a court with general jurisdiction? No access
      Authors:
    2. 1.2. Is there a specialised court or tribunal for consumer disputes? No access
      Authors:
  2. Authors:
    1. Conditional Payment Order (Ordonnance conditionnelle de paiement – Articles 129 and following of the NCPC): No access
      Authors:
    2. European order for payment (Injonction européenne de payer, Articles 49 to 49–6 NCPC and EC Regulation No 1896/2006: No access
      Authors:
    3. European Small Claims Procedure ESCP (Regulation n°861/2007 and Articles 143–1 and 143–2 NCPC): No access
      Authors:
    4. Burden and standard of proof in consumer law: No access
      Authors:
  3. Authors:
    1. Injunctive relief (“action en cessation”) No access
      Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
5. Authors:
  1. 1. Does a mechanism for judicial collective redress exist? No access
    Authors:
  2. Authors:
    1. 2.1. How is the class constituted? (i.e. opt in or opt out)? No access
      Authors:
    2. 2.2. Can individuals initiate collective redress? No access
      Authors:
    3. 2.3. How are collective redress actions funded? No access
      Authors:
  3. Authors:
    1. 3.1. What are the requirements for entities to be recognised as such? (e.g. independence, impartiality, funding etc?) No access
      Authors:
    2. 3.2. Can you provide some examples of such entities? No access
      Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency? No access
      Authors:
  5. 5. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
6. Authors:
  1. Authors:
    1. Union luxembourgeoise des consommateurs (ULC): No access
      Authors:
    2. Automobile Club du Grand-Duché de Luxembourg a.s.b.l. No access
      Authors:
    3. European Consumer Centre Luxembourg (ECC): No access
      Authors:
  2. Authors:
    1. 2.1. Are there requirements that have to be satisfied in order for consumer organisations to be established as such? No access
      Authors:
    2. 2.2. If so, what are they? (e.g. independence, impartiality, funding etc?) No access
      Authors:
  3. Authors:
    1. 3.1. Do they work with administrative authorities? Can they report violations to such authorities? No access
      Authors:
    2. 3.2. Can they bring collective redress actions before courts? No access
      Authors:
    3. 3.3. Can they represent individual consumers before courts? No access
      Authors:
  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
    Authors:
7. Authors:
  1. 1. What forms of ADR mechanism exist for the enforcement of consumer protection? (conciliation, mediation, arbitration, ombudsperson, etc?) No access
    Authors:
  2. 2. Are there requirements that have to be satisfied in order for ADR entities to be established as such? If so, what are they? (e.g. independence, impartiality, funding etc?) No access
    Authors:
  3. 3. How are the ADR mechanisms established and run? By legislation (i.e. by the state)? Or by the trader? Private or public? No access
    Authors:
  4. 4. How do ADR mechanisms operate in a cross-border context? No access
    Authors:
  5. 5. Can collective claims be dealt with via ADR? No access
    Authors:
  6. 6. Are ADR mechanisms considered to be effective? No access
    Authors:
  7. Authors:
    1. List of qualified ADR entities in consumer law: No access
      Authors:
    2. Other ADR entities that are not considered as qualified entities in consumer law No access
      Authors:
    3. Legal rules applicable to mediation in general: No access
      Authors:
    4. Authors:
      1. Enforceability of the mediation agreement No access
        Authors:
    5. Scope of consumer mediation: No access
      Authors:
8. Authors:
  1. 1. What is the relationship between administrative remedies and sanctions and civil law remedies in individual actions? No access
    Authors:
  2. 2. Taking into consideration the Enforcement and Modernisation of Consumer Law “Omnibus” Directive (not yet published in the Official Journal), how is it anticipated that this Directive will be implem... No access
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  3. 3. What is the relationship between administrative remedies and sanctions and civil law remedies in collective actions? No access
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  4. Authors:
    1. 4.1. Are there rules on pendency if simultaneous actions are launched? No access
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  5. Authors:
    1. 5.1. Are there rules on pendency? No access
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  6. 6. How do ADR mechanisms relate to judicial and administrative enforcement? No access
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  7. 7. How is the institutional framework designed to ensure that with sequentiality, even if mandatory, that access to court is not precluded? So as to be compatible with Art 47? No access
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9. Authors:
  1. 1. How many judgements of a consumer protection-related nature were rendered by courts in 2015–2018? No access
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  2. 2. How many disputes of a consumer protection-related nature were dealt with by public (administrative) enforcement agencies between 2015–2018? No access
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  3. 3. How many disputes of a consumer protection-related nature were dealt with by ADR bodies between 2015–2018? No access
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  4. Authors:
    1. Notes on cross-border ADR: No access
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Authors:
1. Authors:
  1. Authors:
    1. 1.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
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  2. Authors:
    1. 2.1. E.g. a distinct legal act or code, part of an act covering another area of EU law, part of the civil code, or code of civil procedure? No access
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  3. Authors:
    1. 3.1. E.g. Is consumer protection established as a fundamental or constitutional right? What is the primary influential regulatory model (EU law, international law etc.)? Is it characterised by fragmen... No access
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  4. Authors:
    1. 4.1. What are the current key focal points of consumer policy? No access
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    2. 4.2. What shifts (if any) have occurred in consumer policy during the past fifteen years? No access
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2. Authors:
  1. Authors:
    1. 1.1. Judicial mechanisms (i.e. before a court)? No access
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    2. 1.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
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    3. 1.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
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  2. Authors:
    1. 2.1. Judicial mechanisms (i.e. before a court)? No access
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    2. 2.2. Administrative mechanisms (i.e. before administrative bodies or tribunals)? No access
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    3. 2.3. Alternative mechanisms (i.e. mechanisms of ADR or ODR, or any other mechanism not mentioned)? No access
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  3. Authors:
    1. 3.1. If so, in what sectors? No access
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    2. 3.2. What mechanisms have been established? No access
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    3. 3.3. Why have specific enforcement mechanisms been established in these sectors? No access
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3. Authors:
  1. Authors:
    1. The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) No access
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    2. The Federal Network Agency (Bundesnetzagentur) No access
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    3. The Federal Cartel Office (Bundeskartellamt) No access
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    4. Public Prosecutors (Staatsanwaltschaften) No access
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    5. Other Federal Authorities No access
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    6. Regional Authorities (Landesbehörden) No access
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  2. 2. Are these authorities also responsible for other areas of law beyond consumer protection (e.g. competition, environmental law)? No access
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  3. 3. What is the legal basis of this authority/each of these authorities? No access
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  4. Authors:
    1. 4.1. Is it/are they independent? No access
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    2. 4.2. How is it/are they constituted? Who are its/their members? No access
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  5. Authors:
    1. Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) No access
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    2. Federal Network Agency (Bundesnetzagentur) No access
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    3. Federal Cartel Office (Bundeskartellamt), the national competition agency No access
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    4. Public Prosecutor’s Office (Staatsanwaltschaft) No access
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    5. Regional Authorities (Landesbehörden) No access
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    6. Other Authorities No access
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  6. Authors:
    1. 6.1. Do they have powers to investigate? And compel testimony, documents etc? No access
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    2. 6.2. Can they adopt preliminary measures? No access
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    3. 6.3. What remedies are available if a breach of consumer law is identified? No access
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    4. 6.4. What sanctions can be imposed if a breach of consumer law is identified? (e.g. fines, prohibition of business activities?) No access
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    5. 6.5. Are other outcomes available (e.g. commitments by traders)? No access
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    6. 6.6. Can they initiate civil law claims on behalf of consumers? No access
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    7. 6.7. Can they investigate and prosecute breaches of consumer law? No access
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  7. 7. Are the same administrative authorities responsible for cross-border enforcement of consumer law under the CPC Regulation? No access
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  8. 8. What are their powers in cross-border violations of consumer law? Are they equivalent to a domestic situation? No access
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  9. 9. How do they cooperate with authorities in the same Member State? How is this cooperation established (e.g. by a Memorandum of Understanding?) No access
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  10. 10. How do they cooperate with authorities in other Member States? How is this cooperation established (e.g. by an MoU?) No access
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  11. 11. Are the remedies, sanctions and other outcomes available considered to be adequate? No access
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  12. 12. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
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4. Authors:
  1. Authors:
    1. 1.1. Is it a court with general jurisdiction? No access
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    2. 1.2. Is there a specialised court or tribunal for consumer disputes? No access
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  2. 2. Is there a specialised procedure to deal with consumer law claims? No access
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  3. 3. Are normal civil law remedies available for consumer law claims? No access
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  4. Authors:
    1. Authors:
      1. 1) Lack of judgement by the Federal Court of Justice (BGH) No access
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      2. 2) Unnecessary commitment of resources in the judiciary No access
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      3. 3) Legal uncertainty No access
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    2. Authors:
      1. a) Proposal 1: Authorisation of the Federal Court of Justice (BGH) to deal with abstract legal questions No access
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      2. b) Proposal 2: Introduction of a Model Declaratory Application No access
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      3. c) Assessment of the proposals No access
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5. Authors:
  1. Authors:
    1. 1.1. The bundling of similar claims for collective enforcement No access
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    2. 1.2. Injunctive relief No access
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    3. Authors:
      1. 1.3.1. Capital Markets Model Case Act (KapMuG) No access
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      2. 1.3.2. The Model Declaratory Action (Musterfeststellungsklage) No access
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    4. 1.4. Representative actions in the field of unfair competition and antitrust law No access
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  2. Authors:
    1. 2.1. How is the class constituted? (i.e. opt in or opt out)? No access
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    2. 2.2. Can individuals initiate collective redress? No access
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    3. 2.3. How are collective redress actions funded? No access
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  3. Authors:
    1. 3.1. What are the requirements for entities to be recognised as such? (e.g. independence, impartiality, funding etc?) No access
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    2. 3.2. Can you provide some examples of such entities? No access
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  4. Authors:
    1. 4.1. Are there rules on pendency? No access
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  5. Authors:
    1. Authors:
      1. 5.1.1. Third party involvement in the Code of Civil Procedure No access
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      2. 5.1.2. Injunction Suits No access
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      3. 5.1.3. Capital Markets Model Case Act (KapMuG) No access
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      4. Authors:
        5.1.4.1. The necessity of the introduction of the Model Declaratory Action No access
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        5.1.4.2. Significant deficiencies No access
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      5. 5.1.5. Representative Actions in the field of unfair competition and antitrust law No access
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    2. 5.2. Legislative Developments in the European Union No access
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6. Authors:
  1. 1. What consumer organisation(s) exist in your Member State? No access
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  2. Authors:
    1. 2.1. Are there requirements that have to be satisfied in order for consumer organisations to be established as such? No access
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    2. 2.2. If so, what are they? (e.g. independence, impartiality, funding etc?) No access
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  3. Authors:
    1. 3.1. Do they work with administrative authorities? Can they report violations to such authorities? No access
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    2. 3.2. Can they bring collective redress actions before courts? No access
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    3. 3.3. Can they represent individual consumers before courts? No access
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  4. 4. Please provide an assessment of the effectiveness of the enforcement mechanism(s), any obstacles and best practices. No access
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7. Authors:
  1. Authors:
    1. Authors:
      1. 1.1.1. Pre-litigation conciliation as a local prerequisite of litigation No access
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      2. Authors:
        1.1.2.1. Conciliation bodies organised by the private sector No access
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        1.1.2.2. Official consumer conciliation bodies No access
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        1.1.2.3. The current state of affairs of consumer conciliation bodies in Germany No access
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        1.1.2.4. The legal effects of conciliation No access
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        1.1.2.5. Online Dispute Resolution (ODR) No access
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        1.1.2.6. Conciliation fee No access
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      3. 1.1.3. Enforcement of settlements No access
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    2. Authors:
      1. 1.2.1. Judicial mediation No access
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      2. 1.2.2. Out of court mediation No access
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    3. 1.3. Arbitration No access
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  2. 2. Are there requirements that have to be satisfied in order for ADR entities to be established as such? If so, what are they? (e.g. independence, impartiality, funding etc?) No access
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  3. 3. How are the ADR mechanisms established and run? By legislation (i.e. by the state)? Or by the trader? Private or public? No access
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  4. 4. How do ADR mechanisms operate in a cross-border context? No access
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  5. 5. Can collective claims be dealt with via ADR? No access
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  6. Authors:
    1. 6.1. Conciliation and the use of ombudspersons No access
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    2. 6.2. Mediation No access
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    3. 6.3. Arbitration No access
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  7. Authors:
    1. Authors:
      1. 7.1.1. Recent development of conciliation No access
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      2. 7.1.2. Development in the field of public transportation (söp_Schlichtungsstelle für den öffentlichen Personenverkehr e. V.) No access
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      3. 7.1.3. General Conciliation Body in Germany (Universalschlichtungsstelle des Bundes) No access
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      4. 7.1.4. Fees for conciliation No access
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      5. Authors:
        7.1.5.1. The Model Declaratory Procedure and Conciliation No access
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        7.1.5.2. The aftermath of the Model Declaratory Action and Conciliation No access
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    2. Authors:
      1. 7.2.1. In-Court mediation No access
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      2. 7.2.2. Out of court mediation No access
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    3. 7.3. Arbitration No access
      Authors:
8. Authors:
  1. 1. What is the relationship between administrative remedies and sanctions and civil law remedies in individual actions? No access
    Authors:
  2. 2. Taking into consideration the Enforcement and Modernisation of Consumer Law “Omnibus” Directive (not yet published in the Official Journal), how is it anticipated that this Directive will be implem... No access
    Authors:
  3. 3. What is the relationship between administrative remedies and sanctions and civil law remedies in collective actions? No access
    Authors:
  4. Authors:
    1. 4.1. Are there rules on pendency if simultaneous actions are launched? No access
      Authors:
  5. Authors:
    1. 5.1. Are there rules on pendency? No access
      Authors:
  6. 6. How do ADR mechanisms relate to judicial and administrative enforcement? No access
    Authors:
  7. 7. How is the institutional framework designed to ensure that with sequentiality, even if mandatory, that access to court is not precluded? So as to be compatible with Art 47? No access
    Authors:
9. Authors:
  1. Authors:
    1. Authors:
      1. 1.1.1. Local Courts No access
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      2. Authors:
        1.1.2.1. Regional Courts as courts of first instance No access
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        1.1.2.2. Regional Courts as Courts of Appeal No access
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      3. Authors:
        1.1.3.1. Pre-Court Conciliation No access
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        1.1.3.2. Out of court conciliation No access
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    2. Authors:
      1. Authors:
        1.2.1.1. Conciliation judges (Güterichter) at Local Courts No access
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        1.2.1.2. Conciliation judges (Güterichter) at Regional Courts No access
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        1.2.1.3. Conciliation judges (Güterichter) at Higher Regional Courts No access
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      2. 1.2.2. Out of Court mediation No access
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    3. 1.3. Arbitration No access
      Authors:
  2. 2. How many disputes of a consumer protection-related nature were dealt with by public (administrative) enforcement agencies between 2015–2018? No access
    Authors:
  3. 3. How many disputes of a consumer protection-related nature were dealt with by ADR bodies between 2015–2018? No access
    Authors:
10. Authors:
  1. Authors:
    1. 1.1. Individual Civil Law Claims No access
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    2. 1.2. The Model Declaratory Action at the Higher Regional Court Brunswick No access
      Authors:
    3. 1.3. Public Law Issues No access
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  2. 2. Use of unfair terms by banks No access
    Authors:
1. I. Legal framework for the enforcement of consumer law No access
2. II. General questions of institutional design – Public and private enforcement No access
3. III. Public enforcement – Institutional framework for domestic administrative enforcement (excluding ADR) No access
4. IV. Private enforcement – Institutional framework for national judicial enforcement No access
5. V. Private enforcement – Enforcement through collective redress No access
6. VI. The role of consumer organisations in enforcement No access
7. VII. Alternative enforcement – ADR and ODR No access
8. VIII. Relationship between different models of enforcement No access
9. IX. Statistics No access
10. XI. Objective legal analysis of example case studies – public and private enforcement No access