A CASEBOOK ON EUROPEAN CONSUMER LAW
A Casebook on European Consumer Law Edited by REINER SCHULZE HANS SCHULTE-NÖLKE and JACKIE JONES
HART PUBLISHING OXFORD AND PORTLAND, OREGON 2002
Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213-3644 USA Distributed in Netherlands, Belgium and Luxembourg by Intersentia, Churchillaan 108 B2900 Schoten Antwerpen Belgium © In the compilation and commentary, Reiner Schulze, Hans-Schulte-Nölke and Jackie Jones 2002 Reiner Schulze, Hans-Schulte-Nölke and Jackie Jones have asserted their right under the Copyright, Designs and Patents Act 1988, to be identified as the authors of this work. Hart Publishing is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing, Salters Boatyard, Folly Bridge, Abingdon Rd, Oxford, OX1 4LB Telephone: +44 (0)1865 245533 Fax: 44 (0) 1865 794882 email:
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Preface European Community law has led to a profound change in the legal systems of the Member States. The effects of European legal harmonisation are becoming ever more noticeable in the everyday life of European citizens. This applies especially to consumers. From the consumer’s point of view the introduction of the Euro and market liberalisation with cross-border competition bring with it not only great opportunities but also great risks. An effective protection of the consumer demands a European consumer policy which corresponds with the realisation of a European Internal Market. In the European Community a European consumer law is being created which stands besides and actively changes the Member States’ legal systems. Today, in many fields of legal practice knowledge of European consumer law has become a mandatory requirement. The new Directive on the sale of consumer goods only serves to illustrate this point. This Casebook serves as an introduction to the case law of the European Court of Justice (ECJ) on consumer law. It forms part of a series of Casebooks on the case law of the ECJ. The aim and structure of the Casebooks are more fully described in the annex to the contents page of this volume. The subjects dealt with in the series are intended to meet the needs of legal practice. This particular Casebook is concerned with areas of private law relating to consumer contracts, advertising and European product liability. Some closely related cases concerning product safety and the labelling of goods have