This chapter examines the potential of a positive ex ante enforcement approach coordinated at EU level using existing cooperation mechanisms between the EU Commission and public administrative agencies of the Member States. This would overcome the problems of inconsistency and inefficiency that are associated with collective enforcement of the UCTD in cases where there is an infringement taking place across multiple jurisdictions. This chapter examines the CPC Network and its use as a tool for this kind of positive enforcement of the UCTD. The chapter makes recommendations as to how procedures under the CPC Regulation could be used to promote and improve transparency in online contracts; and to monitor the online market for unfair terms. Other possible initiatives are also discussed such as the creation of a European Mediator for Unfair Terms and the establishment of a forum involving institutionalised cooperation with various stakeholders that would enhance the CPC network's activities, allowing it to build an information base and to collect market-specific information and set priorities for enforcement.
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Front Matter
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Part I: Standard form contracts and 'unfairness' under the UCTD
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Part II: The UCTD and transparency in online contracts
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Part III: Enforcement under the UCTD and suggestions for a revised EU-level approach
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Back Matter
