The Commission's 2007 Green Paper on the consumer acquis: deliberate deliberation?

Bettina Heiderhoff, Mel Kenny

Research output: Contribution to journalArticle

Abstract

Considers questions raised by the Commission's 2007 Green Paper on the consumer acquis, focusing on three key issues: (1) the function of EC consumer law and the divergence between EC consumer law and national consumer law; (2) freedom of contract as the foundation of EC private law; (3) the traditional concept of good faith and whether an EC standard of good faith would be possible. Criticises the proposal for a mixed approach, combining a horizontal instrument with vertical action. Argues that the way to enhance the coherence and horizontality of EC private law should be based on the framework provided by the EC Treaty, suggesting that the Green Paper makes a dangerous move in separating the acquis from the Treaty.
Original languageEnglish
Pages (from-to)740-751
Number of pages12
JournalEuropean Law Review
Volume32
Issue number5
Publication statusPublished - 31 Oct 2007

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Keywords

  • consumer contracts
  • consumer protection
  • EC law
  • good faith
  • harmonisation

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