Over the last decade, European company law has been re-written completely. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This book discusses the EC/EU law first including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and policy aspects, namely law and economics, fill the gaps. The whole organism of (limited liability) company law is thus covered.

EU consumer law is the core of European civil law. In recent years, in particular between the first edition of 2009 and this second edition, it has been subject to spectacular decisions by the Court of Justice of the European Union, with significant consequences for Member States' law. This revised and thoroughly updated new edition follows and analyses this process in such important areas as unfair commercial practices, unfair terms, cross-border consumer protection, and product liability. There has been legislation in the area of consumer rights in distance and off-premise contracts, and very recently consumer ADR and ODR. Other projects are still in the pipeline, e.g. mortgage credit; another is subject to heated controversy, namely the proposed optional Common European Sales Law with an important part on consumer law. Even more importantly, the very concept of consumer and consumer protection has been subject to intense debate. Does EU law limit itself to the 'informed consumer standard', or should the 'weaker' or even the 'vulnerable consumer standard' be given more attention? The original team of authors Hans W.-Micklitz, Norbert Reich and Peter Rott have been strengthened by the addition of Klaus Tonner. They have worked together to take a broad horizontal approach to the EU consumer law acquis, thereby reflecting on the history, achievements, recent trends and also shortcomings of EU law in this important field of law. The change from 'minimum' to 'full' or 'targeted harmonisation' is critically analysed, and the central role of the CJEU documented and emphasised.'This book, distilling insight from a much longer volume originally in German, offers a clear and authoritative survey of EU law developments.'Luke Nottage in Australian Journal of Competition and Consumer Law (2016)About the first edition of this book:'[...] a publication of which the importance is high, also for the development of law in general'In Nederlands Tijdschrift voor Burgerlijk Recht 5 (2009) 194'[...] stimulating, challenging and well-researched.'Angus Johnston in Common Market Law Review (2010) 956'[...] the book provides a concise and up-to-date overview of European Consumer Law.'Jan Schurnbrand in RabelsZ 74 (2010) 891'[...] certainly an important accomplishment.'Marco B.M. Loos in 2011 ZEuP 447

EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed.The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')?Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas.Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

In diesem am Markt einzigartigen Handbuch werden Methodenfragen des Europarechts umfassend systematisch dargestellt. Das Werk verbindet eine vertiefte Untersuchung von Methodenfragen mit der exemplarischen Vertiefung für einzelne Rechtsgebiete und Institutionen. In Länderberichten wird über die Perspektiven anderer Mitgliedstaaten berichtet.

This book explores the European law of civil procedure from a systematic and dogmatic perspective by comprehensively assessing and providing a detailed explanation of all the instruments adopted in this area of the law. Based on the case law of the Court of Justice of the European Union, it expounds on the legislative powers of the Union, the different regulatory levels of European procedural law, its underlying concepts and legislative techniques. Against this background, it addresses the interfaces of the European law of civil procedure with the civil procedures of the EU Member States and the judicial cooperation with third States. The 2nd edition of this treatise also focusses on latest developments such as the protection the independence of the judiciary and of the rule of law in the Member States of the European Union. Moreover, it tackles alternative dispute resolution and arbitration, as well as the latest policy of the EU Commission in the digitization of national justice systems. To further contextualize the development of the European law of civil procedure, it also provides the reader with a thorough understanding of preliminary reference procedures before the Court of Justice. In its final chapter, it addresses the current policy debate towards a European code of civil procedure. This reference book is an essential reading for academics, regulators, and practitioners seeking reliable and comprehensive information about the European law of civil procedure. It also addresses trainee lawyers and students interested in cross-border litigation and dispute resolution, as well as those who wish to specialize in European business law.

Der vorliegende Band enthält eine Gesamtdarstellung des europäischen Vertragsrechts. Er nimmt vor allem die Perspektive des Unionsrechts ein und analysiert die vertragsrechtsrelevanten Aspekte des Primär- und Sekundärrechts. Gleichzeitig geht die Darstellung auf die Umsetzung in den mitgliedstaatlichen Rechtsordnungen ein. Das IPR wird ebenso umfassend behandelt wie die speziellen Methodenfragen des europäischen Privatrechts.

Der Band erschließt den Gesamtbestand des Europäischen Arbeitsrechts, seine primärrechtlichen Grundlagen sowie seine sekundärrechtliche Ausgestaltung. Die herausragende Bedeutung des Europäischen Arbeitsrechts haben in den vergangenen Jahren die wichtigen Entscheidungen des EuGH vor Augen geführt. Auch in alltäglichen Fällen kann das Europäische Recht den entscheidenden Ausschlag geben.

Over the last decade, European company law has been re-written completely. Virtually no EU measure remained unchanged and most of them have undergone fundamental reform. This book discusses the EC/EU law first including all instruments through which it is transposed into the national law systems. However, where no EC/EU law exists, a comparative law discussion and policy aspects, namely law and economics, fill the gaps. The whole organism of (limited liability) company law is thus covered.

EU consumer law is the core of European civil law. In recent years, in particular between the first edition of 2009 and this second edition, it has been subject to spectacular decisions by the Court of Justice of the European Union, with significant consequences for Member States' law. This revised and thoroughly updated new edition follows and analyses this process in such important areas as unfair commercial practices, unfair terms, cross-border consumer protection, and product liability. There has been legislation in the area of consumer rights in distance and off-premise contracts, and very recently consumer ADR and ODR. Other projects are still in the pipeline, e.g. mortgage credit; another is subject to heated controversy, namely the proposed optional Common European Sales Law with an important part on consumer law. Even more importantly, the very concept of consumer and consumer protection has been subject to intense debate. Does EU law limit itself to the 'informed consumer standard', or should the 'weaker' or even the 'vulnerable consumer standard' be given more attention? The original team of authors Hans W.-Micklitz, Norbert Reich and Peter Rott have been strengthened by the addition of Klaus Tonner. They have worked together to take a broad horizontal approach to the EU consumer law acquis, thereby reflecting on the history, achievements, recent trends and also shortcomings of EU law in this important field of law. The change from 'minimum' to 'full' or 'targeted harmonisation' is critically analysed, and the central role of the CJEU documented and emphasised.'This book, distilling insight from a much longer volume originally in German, offers a clear and authoritative survey of EU law developments.'Luke Nottage in Australian Journal of Competition and Consumer Law (2016)About the first edition of this book:'[...] a publication of which the importance is high, also for the development of law in general'In Nederlands Tijdschrift voor Burgerlijk Recht 5 (2009) 194'[...] stimulating, challenging and well-researched.'Angus Johnston in Common Market Law Review (2010) 956'[...] the book provides a concise and up-to-date overview of European Consumer Law.'Jan Schurnbrand in RabelsZ 74 (2010) 891'[...] certainly an important accomplishment.'Marco B.M. Loos in 2011 ZEuP 447

EU law is an autonomous legal system. It requires its own methodology. The contributions to this volume provide elements of a genuinely European legal method. They discuss the foundations of European legal methodology in Roman law and in the development of national legal methods in the 19th century as well as the economic and comparative background. Core issues of legal methods such as the sources of law, the interpretation of EU primary law and secondary legislation, the concretisation of general clauses, and judicial development of the law are also analysed.The temporal effects of EU directives on the one hand and of judgments of the Court of Justice of the European Union on the other raise specific issues of EU law. Contributions are also devoted to issues of a multi-level legal system. Beyond general aspects, directives, in particular, raise special questions: what is their impact on the interpretation of national law; and what are the methodological consequences of a transposition of directives beyond their original scope ('gold-plating')?Further contributions inquire into methodological issues in contract law, employment law, company law, capital market law and competition law. They illustrate the general aspects of European legal methods with a view to specific applications and also reveal specific issues of methods which occur in these areas.Finally, legal methods from national perspectives of different Member States, namely France, Germany, Italy, Poland, Spain and the United Kingdom, are examined. The authors reveal national traditions of legal methods and national preconceptions and illustrate the application of EU legal methods in different national contexts.

In diesem am Markt einzigartigen Handbuch werden Methodenfragen des Europarechts umfassend systematisch dargestellt. Das Werk verbindet eine vertiefte Untersuchung von Methodenfragen mit der exemplarischen Vertiefung für einzelne Rechtsgebiete und Institutionen. In Länderberichten wird über die Perspektiven anderer Mitgliedstaaten berichtet.

This book explores the European law of civil procedure from a systematic and dogmatic perspective by comprehensively assessing and providing a detailed explanation of all the instruments adopted in this area of the law. Based on the case law of the Court of Justice of the European Union, it expounds on the legislative powers of the Union, the different regulatory levels of European procedural law, its underlying concepts and legislative techniques. Against this background, it addresses the interfaces of the European law of civil procedure with the civil procedures of the EU Member States and the judicial cooperation with third States. The 2nd edition of this treatise also focusses on latest developments such as the protection the independence of the judiciary and of the rule of law in the Member States of the European Union. Moreover, it tackles alternative dispute resolution and arbitration, as well as the latest policy of the EU Commission in the digitization of national justice systems. To further contextualize the development of the European law of civil procedure, it also provides the reader with a thorough understanding of preliminary reference procedures before the Court of Justice. In its final chapter, it addresses the current policy debate towards a European code of civil procedure. This reference book is an essential reading for academics, regulators, and practitioners seeking reliable and comprehensive information about the European law of civil procedure. It also addresses trainee lawyers and students interested in cross-border litigation and dispute resolution, as well as those who wish to specialize in European business law.

Der vorliegende Band enthält eine Gesamtdarstellung des europäischen Vertragsrechts. Er nimmt vor allem die Perspektive des Unionsrechts ein und analysiert die vertragsrechtsrelevanten Aspekte des Primär- und Sekundärrechts. Gleichzeitig geht die Darstellung auf die Umsetzung in den mitgliedstaatlichen Rechtsordnungen ein. Das IPR wird ebenso umfassend behandelt wie die speziellen Methodenfragen des europäischen Privatrechts.

Der Band erschließt den Gesamtbestand des Europäischen Arbeitsrechts, seine primärrechtlichen Grundlagen sowie seine sekundärrechtliche Ausgestaltung. Die herausragende Bedeutung des Europäischen Arbeitsrechts haben in den vergangenen Jahren die wichtigen Entscheidungen des EuGH vor Augen geführt. Auch in alltäglichen Fällen kann das Europäische Recht den entscheidenden Ausschlag geben.