Edited by Christian Twigg-Flesner
Chapter 9: The consumer image within EU law
This chapter looks at the consumer image within EU law. This consumer image is particularly important in EU law because of its role in establishing a benchmark. This is seen in different contexts, perhaps the most significant of which are: first, when judging whether national provisions are proportionate; and second, when assessing whether commercial communications fall foul of required standards (for example, whether they should be found to be aggressive or misleading for the purposes of unfair commercial practices law). The chosen image says a great deal of what can be expected of traders and of consumers, and as a consequence sheds light on the nature and character of EU consumer law. The aim of this chapter is not to deal exhaustively with the case law and literature; instead, it seeks to provide an overview of the topic and, in particular, to discuss some of the principal policy challenges that are raised. The Unfair Commercial Practices Directive (hereafter 'The Directive' or UCPD) will be used in particular to illustrate the subject, with reference made to other instruments as appropriate.
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