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Sunset clauses in International Treaties account for numerous benefits. However, their entrenchment effect disproportionally burdens future policymakers. This is the case of the Energy Charter Treaty, which poses unique challenges for two main reasons. First, compared to other treaties, the ECT contains a 20-year sunset clause. Second, the treaty is a multilateral with a rigid amendment procedure, which empowers the entrenchment effect of that treaty. Within this context, the study explores the ...

This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection ...

Energy consumers in the EU

Briefing 27-04-2017

Consumers are considered a key element of EU energy legislation and the efforts to achieve a transition to a carbon-free society. Back in 2009, the third energy package, which sought to establish a liberalised internal energy market, granted energy consumers a number of rights, such as the right to an electricity connection, to switch energy providers and to receive clear offers, contracts and energy bills. However, some of these rights have not yet been put into practice: consumers often do not ...

The inclusion of provisions on digital content, including ‘gratuitous’ digital content, in the Common European Sales Law constitutes an improvement in respect to existing EU legislation on sales contracts. However, some amendments are necessary, given the fact that digital content differs from goods. This briefing note critically assesses the relevant provisions on conformity and remedies, and gives suggestions for tailoring them better to digital content.

This study provides an in-depth and detailed comparison between the draft Common Frame of Reference and the Commission's proposal for a Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive in the framework of the legislative procedure. In this regard, the study suggests some amendments based on the CFR. A correlation table between the provisions of the CFR and the provisions of the proposed ...