Anna Beckers

Sustainable public procurement under EU law - new perspectives on the state as stakeholder

This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life-cycle costing (LCC), ecoand fair-trade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume proceeds to identify major unresolved issues in the use of sustainability considerations and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies and specifically for smalland medium-sized enterprises (SMEs).

Environmental protection meets consumer sales : The role of corporate market communication for consumer contracts and remedies

Abstract This article discusses the legal consequences of corporate market communication in the field of environmental protection in European consumer sales law. It analyses first the potential of such market communication to influence the seller’s obligations within a consumer contract. Second, it suggests that the assessment of such market communication as to its market fairness under European unfair commercial practices law may influence the assessment of the correct contract performance under the Consumer Sales Directive. Finally, the article focuses on the remedies that are available to the consumer against the seller in case of a breach of such a contractual environmental obligation. On this point, it is argued that the remedies under consumer sales law for the delivery of a non-conforming good need to be interpreted in the light of the public (environmental) purpose that can reasonably be expected by the consumer who is addressed by such environmental market communication.