Christine Riefa

Council regulation (EC) 44/2001 and internet consumer contracts: Some thoughts on article 15 and the futility of applying ‘in the box’ conflict of law rules to the ‘out of the box’ borderless world

Abstract The Internet is by definition a borderless medium. Reflecting on the Council Regulation (EC) 44/2001 and Internet Consumer Contracts, this article develops some thoughts on the futility of applying some traditional conflict of law rules to the borderless world. It focuses on a few aspects attempting to establish when thinking ‘out of the box’ may be of benefit to consumers and their protection under article 15.

Online Marketing: Advertisers Know You are a Dog on the Internet!

This piece explores the regulation of online marketing. The Internet has enabled advertisers to get to know their customer base and harness technology to a point where the once anonymous Internet is now a space where advertisers know you are dog. There is much progress however for the law to make in order to catch up with technology and the marketing practices it enables. The many dangers allied with those advertising techniques should force the legislator to rethink and tighten controls in a bid to protect consumers.

Article 5 of the Rome Convention on the Law Applicable to Contractual Obligations of 19 June 1980 and Consumer e-Contracts: The Need for Reform

The Rome Convention of 19 June 1980 lays down rules relating to the designation of the law applicable to contractual obligations. In certain contractual relationships involving consumers and professionals, Article 5 of the Convention includes specific rules intended to protect consumers. Adopted at a time where the Internet had not yet entered our living rooms and affected our shopping patterns, the Convention is proving inadequate when it comes to protecting consumers entering into e‐contracts. The recent introduction of the Green Paper (COM (2002) 654 final) on the conversion of the Convention into a Community instrument and its modernisation reinforces the debate on the necessary adaptation of Article 5 to the realities of e‐commerce. This article focuses on some of the changes Article 5 requires in order to afford consumers a better protection in their dealings with retailers via the Internet.

Enforcement and Effectiveness of Consumer Law in the UK

The purpose of this chapter is to review the enforcement mechanisms available in the UK and their effectiveness. It cannot be exhaustive given the volume of legislation, case law and policy documents in existence. It is however hoped that it will provide a good starting point for any interested party to understand the way consumer law is enforced on the ground.

Serbian consumer law: Out with the old, in with the new

Serbian consumer law has ben transformed over the last 10 years through the quick succession of no less than 4 incarnation of the Law on Consumer Protection first introduced in 2002 and reformed in 2005, 2010 and 2014. The latest incumbent brings Serbian law in line with Directive 2011/83/EU on Consumer Rights. This article assesses the way in which consumer law has been implemented in the Serbian legal system and assesses its efficacy and prospect of success in future years. It argues that while the new law offers all the hallmark of a fully functioning legal system of protection, Serbian consumer law lacks the teeth needed on the ground to make it a reality. This can be explained by a series of factors including resistance towards the recognition of consumer as an autonomous branch of the law and non-application of consumer law by the Serbian courts, amongst others.

App-solutely Protected? The Protection of Consumers Using Mobile Apps in the European Union

This piece considers the protection afforded to consumers in the EU when using applications on their mobile phones. While it is argued that the law is in place to offer some protection (notably the Consumer Rights Directive and the Unfair Commercial Practice Directive) many issues surrounding its interpretation or practical application remain problematic.

Consumers and electronic communications laws in Europe and England: reaping the rewards of the new regulatory framework

This article addresses the extent to which the new regulatory framework protects the interests of consumers in theEu and more particularly in theUk. It identifies three means through which consumers are to reap the rewards of the new framework. First of all, effective competition in the electronic communications sector will provide consumers with a market able to deliver value for money. In addition, the Universal Service Directive 2002/22/Ce and its set of specifically targeted rules will directly impact consumer protection. Finally it is via the devolution of powers to the National Regulatory Authorities by the Framework Directive 2002/21/Ce that consumers will feel the full effects of the new regulatory framework.RésuméCet article apporte une clarification sur la protection des consommateurs dans le nouveau paquet télécoms au niveau européen et plus particulièrement en Angleterre. Trois moyens de protection des consommateurs sont identifiés. Tout d’abord, c’est par la régulation de la concurrence sur le marché des communications électroniques que les consommateurs seront bénéficiaires. De plus, la directive service universel 2002/22/ce et ses provisions spécifiques pour la protection des consommateurs auront un impact direct. Enfin, c’est par la dévolution de pouvoirs aux autorités nationales de régulation par la directive cadre 2002/21/ce que les consommateurs ressentiront le plein effet du nouveau paquet télécoms.