tag:blogger.com,1999:blog-7834156904000156932024-03-13T20:42:45.098+01:00Recent developments in European Consumer LawJ.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comBlogger1564125tag:blogger.com,1999:blog-783415690400015693.post-46802171510027060052024-03-13T20:42:00.001+01:002024-03-13T20:42:11.009+01:001st European Conference of the International Association of Consumer Law (IACL)Good news for European consumer law enthusiasts: The First European Conference of the International Association of Consumer Law (IACL) will take place this September (17-18) in Cambridge, UK, on the topic of "Global challenges for consumer law and policy in contemporary Europe". The event will also honour the work of Prof. Iain Ramsay. There will be 3 streams devoted to 'Digital environments', 'J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-74667584840757222892024-02-10T20:35:00.001+01:002024-02-10T20:35:42.332+01:00Limitations to the Action for Restitution after Annulment for Unfairness of the Term - The CJEU in Caixabank (C-801/21 to 813/21)With ruling of January 25th, the Court of Justice (CJEU) ruled on the consequences of the annulment of an unfair term in mortgage loan agreements and in particular on the limitations that an action for restitution may be subjected to. The Provincial Court of Barcelona referred to the CJEU three joined cases dealing with the same circumstances. Consumers concluded mortgage loan agreements in Carolina Paulesuhttp://www.blogger.com/profile/04403189761198133784noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-50676742825451386422024-02-07T16:23:00.001+01:002024-02-07T16:23:04.020+01:00'Teaching Consumer Law in a Changing Environment' conference - call for papersThe Teaching Consumer Law conference returns to Santa Fe this year on 17-18 May. You may reply to the call for papers for another week, with the deadline set on February 15.Further details of the call for papers may be found here and of the conference - here. J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-84496450302825013732024-02-02T06:26:00.000+01:002024-02-02T06:26:30.997+01:00Passengers acting to avoid flight delay = no compensation In two judgments issued on 25 January, the CJEU addressed questions related to the passengers’ right to claim compensation for a long flight delay. The unusual aspect of both cases is that in neither of them passengers actually experienced the delay, having decided to forego the delayed flight. Unsurprisingly, the CJEU decided in both cases that they could not then claim compensation from J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-1279558289334396472024-01-25T16:55:00.005+01:002024-01-25T18:30:49.622+01:00Consumer law and automated decision making: the work of ELIAt the end of 2023, the European Law Insitute published its Interim Report on EU Consumer Law and Automated Decision Making, answering whether EU Consumer Law is ready for automated decision-making, and observing this question through the lens of a relationship between the consumer, the digital assistant and the trader. The Report sets out eight Principles that should be followed to make EU Andrea Fejőshttp://www.blogger.com/profile/07962675003401912458noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-40099265197952518322024-01-20T20:13:00.003+01:002024-01-20T20:13:45.031+01:00Facilitating enforcement of unfairness control - CJEU in Getin Noble Bank and Others (C-531/22)Happy 2024 Dear Readers!We are starting a new year of reporting with the reference to the last week's judgment in the Polish case referred to the CJEU as Getin Noble Bank and Others (C-531/22 - not yet available in English, but accessible in other languages). This judgments continues to provide guidance on the application of the Unfair Contract Terms Directive to terms in mortgage J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-52426215558479839392023-12-10T12:59:00.002+01:002023-12-10T12:59:49.135+01:00Consequences of unfair core terms - CJEU in mBank (C-140/22)Last Thursday the CJEU issued a new judgment in the saga of Swiss francs mortgage loan contracts (C-140/22 - there is no English language text available yet). It was a Polish court who asked for a clarification of a few issues related to voiding such contracts as a result of them containing an unfair contract term, the removal of which would not enable the contract to remain in force.Declaring J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-12701295775374204692023-12-07T14:31:00.005+01:002023-12-07T14:44:59.126+01:00Ecodesign: trialogue agreement reached While all eyes are on the trialogue negotiations for the AI act, another very important negotiation round has just closed in Brussels - namely the one concerning the proposed Ecodesign regulation. We have become more and more aware that most of the environmental impact of products is generated at production stage - making it necessary that we buy less products and use them for longer. Improving Candida Leonehttp://www.blogger.com/profile/12755004054166281624noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-53231502572326847902023-12-06T17:02:00.001+01:002023-12-06T17:02:44.578+01:00Revision of EU travel rulesBy Alex Azabache on UnsplashLast week, on November 29th, the European Commission announced the forthcoming (long-awaited) revision of EU travel rules (Improved rights and better information for travellers). This concerns a few legislative measures: 1. Revision of Regulation 261/2004 on Passenger Rights through a newly proposed Regulation as regards enforcement of passenger rights in theJ.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-35871696436352448972023-11-30T23:39:00.001+01:002023-11-30T23:53:49.718+01:00BEUC and NOYB oppose Meta's pay-or-consent modelFreepikI am sure you have noticed that in early November, Meta launched paid subscriptions for its social media. Now you may choose to stop receiving targeted advertisements on Facebook and Instagram under one condition - you have to pay €9.99/month on the web or €12.99/month on the iOS and Android versions of the apps. Of course, without payment, you can still use the services, but then Adrianna Michałowiczhttp://www.blogger.com/profile/17065526136842899869noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-59078766994233956172023-11-28T20:54:00.012+01:002023-11-29T16:53:15.251+01:00CJEU rules on excessive fees in consumer contracts (C‑321/22, Provident Polska)Last Thursday, the Court of Justice delivered another interesting ruling on unfair terms in consumer credit contracts. The focus this time was not on mortgage loans, but on credit agreements for relatively low sums, often concluded by consumers in financial distress. The judgment deals with three separate issues: 1) the scope and interpretation of the fairness test; 2) the principle of Agnieszka Jabłonowskahttp://www.blogger.com/profile/09642772010893290403noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-71060151308451827052023-11-20T02:25:00.001+01:002023-11-20T02:25:38.832+01:00Repayment in full of consumer credit – The CJEU on the fairness of acceleration clauses and their judicial review (Case C-598/21)On November 9th, the CJEU delivered an important ruling on the application of the Unfair Contract Terms Directive (UCTD) to consumer credit agreements. In particular, the request of the Slovakian referring court concerned suspension of the extrajudicial enforcement of the charge of the consumers’ family home which secured their credit agreement with the bank. In 2012, SP and CI entered into Carolina Paulesuhttp://www.blogger.com/profile/04403189761198133784noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-42729188211109063072023-11-06T13:12:00.001+01:002023-11-06T19:44:33.168+01:00What will the new Directive 2023/2225 on consumer credit bring to consumers?Last week the new Directive
(EU) 2023/2225 on consumer credits (new Directive) was published in
the official journal. The new Directive comes 15 years after the current 2008/48/EC Directive (CCD) that has been only partially effective due to the wording of
the CCD itself and the developments linked to digitalisation, the practical application and
enforcement in Member States as well as Andrea Fejőshttp://www.blogger.com/profile/07962675003401912458noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-36506286001604229342023-11-01T07:10:00.008+01:002023-11-01T19:34:59.857+01:00"Particularly unfavourable" consequences of unfairness and renegotiation - CJEU in C-645/22 (Luminor)On 12 October, the CJEU decided on a slightly odd but in its way challenging case coming from Lithuania - Luminor (C-645/22). In this case, the consumer had objected to the interest rate clause in a foreign currency loan. The clause had been held unfair by the Lithuanian Supreme Court after some initial reticence in lower instance. The consumer's wish with respect to the fate of the unfair Candida Leonehttp://www.blogger.com/profile/12755004054166281624noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-25547926346066530182023-10-30T19:16:00.005+01:002023-10-30T19:16:51.060+01:00Impact of pre-emptive denied boarding on passenger rights - CJEU in LATAM (C-238/22)Last Thursday, on October 26, the CJEU issued a new judgment on rights of passengers who have been denied boarding, interpreting Regulation No 261/2004. In the LATAM Airlines Group case (C-238/22), the passenger booked return flights with Latam between Frankfurt am Main and Madrid for 22-12-2017 and 7-1-2018. When the passenger could not check in online on Dec 21, they contacted Latam and J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-50063850801808468302023-10-28T17:05:00.006+02:002023-10-29T17:10:01.547+01:00EDPS Opinion on AI Act proposal The proposal for the Artificial Intelligence Act has caused a lot of heated discussion as it reaches its final stage. Recently, the European Data Protection Supervisor (EDPS) issued an opinion on the current version of the AI Act proposal*, pointing out several legal uncertainties from a data protection perspective. This is the second EDPS opinion about the forthcoming AI Act, following one Adrianna Michałowiczhttp://www.blogger.com/profile/17065526136842899869noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-29514823112576908882023-10-25T21:05:00.006+02:002023-10-25T21:06:30.257+02:00Addictive design of digital servicesToday the Committee on the Internal Market and Consumer Protection (IMCO) of the European Parliament adopted the draft report on Addictive design of online services and consumer protection in the EU single market (file to the procedure is here). This times nicely with the increased attention give to addictive online design by the European Commission, which intends to devote one of its two panels J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-26155687527308160622023-10-19T11:44:00.007+02:002023-10-19T12:08:32.818+02:00New EU Commission study on consumer over-indebtednessAt the end of September, the EU Commission published a new, comprehensive, and timely Study on European consumers' over-indebtedness and its implications. The study takes a muti-disciplinary approach aiming to get a clear and updated picture of over-indebtedness among European households and consumers.The aim of the study was broken into five distinct tasks:• obtain a granular and updated mappingAndrea Fejőshttp://www.blogger.com/profile/07962675003401912458noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-91229481083545510312023-10-18T01:15:00.001+02:002023-10-18T01:15:41.635+02:00Update of ADR rules on the horizonBy GR Stocks on UnsplashToday the European Commission announced their proposal to modernise ADR rules in Europe, in line with the digitalisation agenda (New measures to simplify the resolution of disputes out of court and boost consumer rights). This follows from the 2023 Consumer scoreboard results showing continued low numbers of consumers proceeding with enforcing their rights (1/4 of J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-82395556799896584912023-10-17T01:14:00.006+02:002023-10-17T01:14:50.339+02:00Influencer Legal Hub: New resourceBy Laura Chouette on UnsplashThe European Commission launched today a new legal resource: Influencer Legal Hub. Prepared in collaboration with experts from Utrecht University and University of Leeds, it provides both textual and audio-visual help to influencers on their legal obligations. The idea behind this new legal resource is to ensure that the complex (by now) landscape of European J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-50442125692451818382023-10-08T14:20:00.025+02:002023-10-09T11:29:13.812+02:00CJEU rules on the right of withdrawal in the subscription economy (C‑565/22, Sofatutor)We have all been there: signing up for an online service with a "free trial" option and an automatic extension of the contract, if the trial is not terminated on time. But how does such a free trial relate to the right to withdraw from the contract? Should the consumer have a right of withdrawal only when booking the free trial, or also at a later stage - when subscription is
converted into a Agnieszka Jabłonowskahttp://www.blogger.com/profile/09642772010893290403noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-78201435992110853922023-09-29T18:26:00.001+02:002023-09-30T13:46:04.514+02:00Guarantee statements and subjective consumer satisfaction – CJEU in LACD (C-133/22)On Thursday, the CJEU (in C-133/22) ruled on the precise meaning of "commercial guarantee" as defined by point 14 of Article 2 of the Consumer Rights Directive ("CRD").The referring court (German Federal Court of Justice) specifically asked whether the provision must be interpreted as meaning that a "commercial guarantee" includes, as "any other requirements not related to conformity set outCarolina Paulesuhttp://www.blogger.com/profile/04403189761198133784noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-19706843329736347162023-09-21T21:58:00.001+02:002023-09-21T21:58:44.725+02:00Alternative terms on performance, average consumers... tune in to CJEU in mBank (C-139/22)Claudio Schwarz on UnsplashToday the CJEU decided another case on unfairness in mortgage loan agreements with an index-link to Swiss francs - in the Polish mBank case (C-139/22). The first part of the judgment is Poland-specific, as it refers to the validity and effect of a national register of unlawful terms, which Poland happens to have. This issue has already been considered in the J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-1283650780464414322023-09-20T22:24:00.008+02:002023-09-20T22:25:36.072+02:00Double jeopardy in Volkswagen cases - CJEU in Volkswagen Group Italia and Volkswagen Aktiengesellschaft (C-27/22)Last Thursday the CJEU adjudicated in the Volkswagen Group Italia and Volkswagen Aktiengesellschaft case (C-27/22 - see here). We have previously written about the Volkswagen scandal on the blog (see here) - that is, on the unfair commercial practice that Volkswagen engaged in by installing a defeat device in its cars, which led to marketing them as more environmentally-friendly in 2009. As our J.A. (Joasia) Luzakhttp://www.blogger.com/profile/15641128911767602813noreply@blogger.comtag:blogger.com,1999:blog-783415690400015693.post-11424699693382686242023-09-15T17:14:00.007+02:002023-09-15T19:47:29.208+02:00Ex officio and package holidays - CJEU in RTG v Tuk Tuk travel SL (C-83/22) Dear readers,do you remember when the Package Travel Directive (2015/2302) and package travel rules all of a sudden seemed very current, back at the heights of the pandemic, after having been mocked for years as the 2015 rules for 1980s holiday-making? Well, in a reminder that we all sit in our little bubbles :), it turns out consumers may not have noticed all the fuss in the legal Candida Leonehttp://www.blogger.com/profile/12755004054166281624noreply@blogger.com