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Cross-border portability of online content

10-05-2017

The European Parliament is to vote in plenary in May on new rules on cross-border portability, which would enable consumers to access their online subscriptions for content services when they travel across the EU and are temporarily outside their Member State of residence.

The European Parliament is to vote in plenary in May on new rules on cross-border portability, which would enable consumers to access their online subscriptions for content services when they travel across the EU and are temporarily outside their Member State of residence.

Energy consumers in the EU

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 ...

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 understand their bills, are unable to compare different offers, are charged for switching, or a switch takes too long. Besides, they do not always seem to be aware of their rights. The ongoing revision of EU energy legislation aims to improve some of the rules concerning consumers and to introduce new rights, such as the right to self-generate and self-consume electricity, to ask for a smart meter, or to engage an aggregator. The European Parliament has repeatedly voiced concern that the truly competitive, transparent and consumer-friendly internal energy market envisaged by the third energy package has yet to materialise and that consumers are still having trouble understanding their bills, offers and contracts. It has called, among other things, for providing consumers with increased protection and clearer information, and for requiring suppliers to automatically put customers on the best possible tariff for their individual circumstances.

The EU rules on network neutrality: key provisions, remaining concerns

05-11-2015

Network neutrality can be described essentially as a non-discrimination principle, requiring that all electronic communication passing through an internet service provider (ISP) network is treated equally. After a lengthy debate, on 27 October 2015, the European Parliament adopted the Telecoms Single Market (TSM) Regulation which includes, inter alia, new rules to safeguard open internet access in the European Union (EU). The TSM Regulation enshrines a right for end users to access and distribute ...

Network neutrality can be described essentially as a non-discrimination principle, requiring that all electronic communication passing through an internet service provider (ISP) network is treated equally. After a lengthy debate, on 27 October 2015, the European Parliament adopted the Telecoms Single Market (TSM) Regulation which includes, inter alia, new rules to safeguard open internet access in the European Union (EU). The TSM Regulation enshrines a right for end users to access and distribute content of their choice on the internet in EU law and imposes a non-discrimination obligation on ISPs to ensure all internet traffic is treated equally in a way that safeguards the end user's rights. However, ISPs can still depart from the non-discrimination principle in exceptional cases and to implement reasonable traffic management measures. The possibility for ISPs to offer innovative services, i.e. 'specialised services' such as telemedicine services (e.g. health services carried out at a distance), which usually require guaranteed service quality and traffic management has been approved. ISPs and end users also remain free to conclude commercial agreements (e.g. on prices, volume and speed) on the features of the internet access services delivered. However, safeguards have been put in place to ensure that ISPs do not circumvent the non-discrimination principle through the use of specialised services and commercial agreements. While the compromise text is seen by many commentators as a major step towards ensuring network neutrality in the EU, some remain critical of outstanding loopholes and ambiguities. Concerns have been expressed in particular on how to implement the rules on reasonable traffic management, specialised services and price discrimination practices such as zero rating. Common guidance is needed to avoid diverging approaches throughout the EU.

Common European Sales Law

20-02-2014

The proposed Common European Sales Law (CESL) is intended to create a uniform set of contract rules available to traders and consumers entering into cross-border transactions in the internal market. The Legal Affairs Committee backs the proposal, but has tabled numerous amendments. However, the Committee on the Internal Market and Consumer Protection, an associated committee under Rule 50, suggested changing the legal form of CESL to a directive.

The proposed Common European Sales Law (CESL) is intended to create a uniform set of contract rules available to traders and consumers entering into cross-border transactions in the internal market. The Legal Affairs Committee backs the proposal, but has tabled numerous amendments. However, the Committee on the Internal Market and Consumer Protection, an associated committee under Rule 50, suggested changing the legal form of CESL to a directive.

Combating unfair commercial practices

12-11-2013

The Unfair Commercial Practices Directive has been in force since 2005, and Member States were obliged to implement it by 2008. In March 2013, the Commission presented its communication on the implementation of the Directive, and in June 2013 the the EP Committee for Internal Market and Consumer Protection held a first exchange of views with a view to drafting an initiative report on that communication.

The Unfair Commercial Practices Directive has been in force since 2005, and Member States were obliged to implement it by 2008. In March 2013, the Commission presented its communication on the implementation of the Directive, and in June 2013 the the EP Committee for Internal Market and Consumer Protection held a first exchange of views with a view to drafting an initiative report on that communication.

Discrimination of Consumers in the Digital Single Market

11-11-2013

The study collates information on discrimination against consumers on grounds of place of residence or nationality in the Digital Single Market (DSM). Collected evidence indicates such practices as refusals to sell or discriminatory conditions depriving consumers of access to goods and services on DSM or obliging consumers to pay higher prices. The study assesses discrimination from the perspective of different areas of European law including Article 20 (2) of Services Directive, Private International ...

The study collates information on discrimination against consumers on grounds of place of residence or nationality in the Digital Single Market (DSM). Collected evidence indicates such practices as refusals to sell or discriminatory conditions depriving consumers of access to goods and services on DSM or obliging consumers to pay higher prices. The study assesses discrimination from the perspective of different areas of European law including Article 20 (2) of Services Directive, Private International Law, Competition Law and Intellectual Property Law, and provides for policy recommendations.

Údar seachtarach

Hans SCHULTE-NÖLKE (University of Osnabrück), Fryderyk ZOLL (University of Osnabrück), Elwira MACIERZYŃSKA-FRANASZCZYK (Kozminski University), Sebastian STEFAN (University of Osnabrück), Shaun CHARLTON (University of Osnabrück), Marc BARMSCHEID (University of Osnabrück), Monika KUBELA (University of Osnabrück)

Why is mediation not used more often as a means of alternative dispute resolution?

14-12-2012

This briefing paper tries to explore why mediation is not used more often as a means of dispute resolution. It identifies a number of reasons why mediation is not resorted to more frequently and presents proposals on how legislation could respond to these obstacles. The author wishes to highlight that, ideally, removing these obstacles will lead to an even less frequent use of mediation.

This briefing paper tries to explore why mediation is not used more often as a means of dispute resolution. It identifies a number of reasons why mediation is not resorted to more frequently and presents proposals on how legislation could respond to these obstacles. The author wishes to highlight that, ideally, removing these obstacles will lead to an even less frequent use of mediation.

Údar seachtarach

Dr. Stephan Prayer, Civil-Law Notary, Vienna

Common European Sales Law : A Practical View

15-11-2012

This paper provides a comment on the legislative history of the Common European Sales Law from the perspective of a former rapporteur. It dealings particularly with the importance of many of the practical surrounding and related measures such as the provision of standard terms and conditions of trade and ADR and ODR necessary to make the proposal a success.

This paper provides a comment on the legislative history of the Common European Sales Law from the perspective of a former rapporteur. It dealings particularly with the importance of many of the practical surrounding and related measures such as the provision of standard terms and conditions of trade and ADR and ODR necessary to make the proposal a success.

Údar seachtarach

Diana Wallis

Consumer Protection under the Proposal for a Common European Sales Law

15-11-2012

This briefing note explains the problems which the Common European Sales Law (CESL) sets out to solve, to what extent it actually achieves those goals and where the proposal leaves room for improvement. The paper focuses on consumer contracts concluded between parties located within the EU. It intentionally leaves the many complicated and technical details of Private International Law aside in order to make the basic structures of the current system more visible so that the usefulness of a CESL can ...

This briefing note explains the problems which the Common European Sales Law (CESL) sets out to solve, to what extent it actually achieves those goals and where the proposal leaves room for improvement. The paper focuses on consumer contracts concluded between parties located within the EU. It intentionally leaves the many complicated and technical details of Private International Law aside in order to make the basic structures of the current system more visible so that the usefulness of a CESL can be better appraised.

Údar seachtarach

Hans Schulte-Nölke (European Legal Studies Institute, Osnabrück, Germany)

An Economic Analysis of the Closure of Markets and other Dysfunctions in the Awarding of Concession Contracts

15-06-2012

As concession contracts are long-term agreements that are inherently incomplete, the economic literature suggests that rigid award rules are inadequate. We suggest that the Directive for the awarding of concession contracts should contain a balanced mix of flexible and rigid rules, as well as procedures to increase the transparency and accountability of contracting parties. This briefing note provides suggestions in order to avoid the closure of markets and other dysfunctions in the awarding of concession ...

As concession contracts are long-term agreements that are inherently incomplete, the economic literature suggests that rigid award rules are inadequate. We suggest that the Directive for the awarding of concession contracts should contain a balanced mix of flexible and rigid rules, as well as procedures to increase the transparency and accountability of contracting parties. This briefing note provides suggestions in order to avoid the closure of markets and other dysfunctions in the awarding of concession contracts.

Údar seachtarach

Stéphane SAUSSIER (Sorbonne Business School)

Imeachtaí atá ar na bacáin

28-01-2020
Western Balkans: A rocky road to enlargement
Imeacht eile -
EPRS
29-01-2020
Where all students can succeed: Analysing the latest OECD PISA results
Imeacht eile -
EPRS
29-01-2020
The Future of Artificial Intelligence for Europe
Ceardlann -
STOA

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