Book Review: EC Consumer Law
Published date | 01 September 1998 |
DOI | 10.1177/1023263X9800500306 |
Date | 01 September 1998 |
Subject Matter | Book Review |
Book Reviews
G. H o w ell s an d Th . W ilh el ms so n, E C C on su m er L a w , Da rtm ou th, v ii i
+ 4 6 4 p ag es , pa pe rba ck, £ 2 5 .0 0 (ha rdba ck £ 60 .0 0 ).
European Consumer Law has been enriched by new provisions in the EC Treaty,
incorporated by the Treaty of Amsterdam, now signed. This development will enhance
the influence o f European law and policy on national consumer law. Recently, the level
of European consumer protection has been increased by new Directives on distant
selling (97/7 /EC), cross-border payments (97/ 5/EC) and comparative advertising
(amendment of Directive 84/ 450/EC, now adopted); important Directives on consumer
guarantees a nd collective actions are pending , and the position of the consumer
regarding new developments in informat ion technology has the attention of the
Commission. The Treaty of Amsterdam will bring about some changes in the European
Union, probably most notably in consumer law. The adaptation o f the Treaty in this
area will lead to a substantial change in Article 129A EC. Article 129A EC paragraphs
1 and 2 are new, and paragraph 3 will be amended. The goals set for consumer law in
Article 129A EC now include the commitment o f the Union to contribute to the right
to be informed and educated, as well as the right to organize consumer interests.
Generally speaking, case law of th e Court of Justice regardin g basic consumer rights
is scarce; the new formulation of Article 129A EC could improve this situati on.1
Important issues such as access-to-justice and protection of legal interests are not
addressed in the catalogue of classic EC consumer rig hts. However, the Commission
has l aid down acti on plans in these areas as well. Consumer p olicy has a ‘horizontal’
character and should be integrated with th e developments in other fields. Article 100A
EC will remain the most important basis for EC measures to enhance consumer
protection, taking into account the ‘state of the art’ in science. The European Parliament
and the Council will, each in their own right, attempt to attain a high level of consumer
1. Cf. H.A .G. Temm ink, ‘Het Europees consumentenbeleid van Maastri cht naar Amsterdam en verder’,
Tij ds chr ifi v oo r C on sum en tenr ech t (1997), 273.
MJ 5 (1 998) 317
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