LEARNING OUTCOMES

This module deals with the law of contract and of consumer protection. Objective of the module is to introduce students to the study of the areas of contract law subject to harmonization or unification by EU law, in particular consumer law. Topics covered include the discipline of unfair contract terms and the sale of consumer goods.

TEACHING METHODS

Lectures

Active participation by students is expected

Extensive reference to case law of the European Court of Justice

Study of real cases

SYLLABUS/CONTENT

First part: EU consumer law and policy

The harmonization of EU consumer law

Unfair terms in consumer contracts

Sale of consumer goods

Product liability

Unfair commercial practices

Collective redress mechanisms (injunctive and compensatory)

Future developments

Second part: private enforcement of EU competition law

Introduction to EU competition law

Public and private enforcement of EU competition law

Directive 2014/104/UE on action for damages for infringements of competition law

Procedural issues (discovery and access to the file of the competition authority)

Prescription

Joint and several liability

Passing on

Economic methods to quantify damages

Antitrust class actions

Other forms of bundling of claims

RECOMMENDED READING/BIBLIOGRAPHY

The student will find all relevant material in the website of the course (Aulaweb)

Further useful readings are:

Stephen Weatherill, EU Consumer Law and Policy, Elgar European Law, 2° ed., 2013

The Commission Staff Working Paper accompanying the WHITE PAPER on Damages actions for breach of the EC antitrust rules 

(available at https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52008SC0404)