The Unfair Terms in Consumer Contracts Directive 93/13/EEC is a European Union directive (then called European Economic Community directive) governing the use of surprising or onerous terms used by business in deals with consumers.
In the United Kingdom the Unfair Terms in Consumer Contracts Regulations 1994and the Unfair Terms in Consumer Contracts Regulations 1999 are UK statutory instruments, which implement the EU Unfair Consumer Contract Terms Directive.
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A directive is a legal act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations, which are self-executing and do not require any implementing measures. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.
European Union law is a system of rules operating within the member states of the European Union. Since the founding of the Coal and Steel Community after World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".
The Dangerous Substances Directive was one of the main European Union laws concerning chemical safety, until its full replacement by the new regulation CLP Regulation (2008), starting in 2016. It was made under Article 100 of the Treaty of Rome. By agreement, it is also applicable in the EEA, and compliance with the directive will ensure compliance with the relevant Swiss laws. The Directive ceased to be in force on 31 May 2015 and was repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006.
European emission standards define the acceptable limits for exhaust emissions of new vehicles sold in the European Union and EEA member states. The emission standards are defined in a series of European Union directives staging the progressive introduction of increasingly stringent standards.
Publication right is a type of copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. It is in almost all respects the same as standard copyright, but excludes moral rights. Publication right is mainly found in the law of European countries and has no direct correspondence in US copyright law. Within the European Union, not all countries originally had such a right, and where it was provided terms varied, but in 1993 national laws were required to be harmonized by EU Directive 93/98/EEC to provide standard period of protection of 25 years from first publication.
The Unfair Terms in Consumer Contracts Regulations 1999 is an old UK statutory instrument, which had implemented the EU Unfair Consumer Contract Terms Directive 93/13/EEC into domestic law. It replaced an earlier version of similar regulations, and overlaps considerably with the Unfair Contract Terms Act 1977.
As of 2009, the European Union had issued two units of measurement directives: In 1971 it issued Directive 71/354/EEC which required EU member states to standardise on the International System of Units (SI) rather than use a variety of CGS and MKS units then in use. The second, which replaced the first, was Directive 80/181/EEC made in 1979 and amended in 1984, 1989, 2000 and 2009. It issued a number of derogations to the United Kingdom and Ireland based on the former directive.
The Electronic Commerce Regulations 2002, SI 2002/2013, incorporates the EU Electronic Commerce Directive 2000/31/EC into the law of the United Kingdom. They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill.
The CLP Regulation is a European Union regulation from 2008, which aligns the European Union system of classification, labelling and packaging of chemical substances and mixtures to the Globally Harmonised System (GHS). It is expected to facilitate global trade and the harmonised communication of hazard information of chemicals and to promote regulatory efficiency. It complements the 2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation and replaces the current system contained in the Dangerous Substances Directive (67/548/EEC) and the Dangerous Preparations Directive (1999/45/EC).
Office of Fair Trading v Abbey National plc and Others UKSC 6is a judicial decision of the United Kingdom Supreme Court relating to bank charges in the United Kingdom, with reference to the situation where a bank account holder goes into unplanned overdraft.
The Consumer Protection from Unfair Trading Regulations 2008 is a statutory instrument in the United Kingdom made under the European Communities Act 1972. It came into force on 26 May 2008. It is effectively the successor to the Trade Descriptions Act 1968, which it largely repeals. It is designed to implement the Unfair Commercial Practices Directive, as part of a common set of European minimum standards for consumer protection.
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.
An economic operator is a business or other organisation which supplies goods, works or services within the context of market operations. The term is used in public procurement to cover suppliers, contractors and service providers.
Consumer protection in the United Kingdom is effected through a multiplicity of Acts of Parliament, statutory instruments, government agencies and departments and citizens' lobby groups and aims to ensure the market economy produces fairness and quality in goods and services people buy. The main areas of regulating consumer affairs include,
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Office of Fair Trading. The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover contracts which are mentioned in Schedule I, consumer contracts, and international supply contracts. The Unfair Terms in Consumer Contracts Regulations 1999 partially lays on top further requirements for consumer contracts. The Consumer Protection from Unfair Trading Regulations 2008 concerns certain sales practices.
The EU's Council Directive 91/533/EEC of 14 October 1991, also known as the "Written Statement Directive", or the "Employment Information Directive" is an EU Directive which regulates European labour law for the purpose of making workers' contracts transparent. It requires EU governments to introduce legislation which gives employees within their jurisdiction the right to be notified in writing of the essential aspects of their employment relationship when it starts or shortly afterwards. Some Member States require the conclusion of a detailed written employment contract.
Kušionová v SMART Capital a.s. (2014) Case C-34/13 is an EU law and consumer protection case, concerning the Unfair Terms in Consumer Contracts Directive. It emphasises the foundations of consumer protection on inequality of bargaining power and imbalances in information.
Banco Español de Crédito SA v Camino (2012) Case C-618/10 is a case relevant for European contract law concerning the scope of consumer protection in the Unfair Terms Directive under EU law.
European consumer law concerns consumer protection within Europe, particularly through European Union law and the European Convention on Human Rights.