Christian Twigg-Flesner

Product Liability and Digital Products

This paper examines the topical question as to whether non-tangible products such as apps and other software not supplied on a tangible medium (should) qualify as products under EU Product Liability Directive. It addresses the relevant questions posed by the European Commission, which has recently announced an evaluation of the said Directive with the aim of its adaptation to the digital age. The article draws a crucial distinction between information (whether in tangible or non-tangible form) that should not lead to liability and tangible or non-tangible products which are not confined to mere information provision and whose defects may cause material harm. The latter must be considered as falling within the Product Liability Directive, which is eligible to reasonable interpretation achieving this aim.

Comparative Consumer Sales Law

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.

The Journal of Consumer Policy

The Journal of Consumer Policy examines the behavior of consumers and producers, and fosters communication among parties in the marketplace. It explores consumer dependence on existing social and economic structures, helps to define consumer interests, and discusses ways in which consumer welfare can be fostered or restrained through actions and policies of consumers, industry, organizations, government, educational institutions, and mass media. Coverage includes the impact of new technologies; market regulation and deregulation; internationalization; consumers in less affluent societies; environmental and gender issues; public sector products and services; consumer organizations and agencies; product safety and liability; and interaction of consumption, work and leisure. The Journal reports on legal policy, and analyzes trends in implementation of consumer law. It also considers the supply-side impact of consumer legislation and discusses consumer policy in different parts of the world. Officially cited as: J Consum Policy

Comment: The Future of EU Consumer Law – The End of Harmonisation?

The development of European Union (EU) Consumer Law has reached an important watershed. After decades of piecemeal harmonisation of selected aspects of Consumer Law, it seems the moment has been reached where the future of EU Consumer Law may lie somewhere other than in further harmonisation of national law. The trigger has been the shift in responsibility for much of EU Consumer Law from DG SANCO to DG Justice following the appointment of a new Commission in 2009, and Commissioner Reding’s willingness to open a debate as to where the priorities for EU Consumer Law should lie. Furthermore, after a period of uncertainty, it now seems that the work on the Common Frame of Reference on European Contract Law has resumed in earnest, and, more importantly, that this has once again been linked with the future development of EU Consumer Law. The Commission opened a broad debate about this in a Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses in July 2010. This contribution will first take stock of the current situation regarding EU Consumer Law, before moving on to examine the various policy choices put forward in the Green Paper. It will be suggested that the overall focus for the future development of EU Consumer Law should be on cross-border transactions, and that further harmonisation of national consumer laws should be stopped.