the cambridge companion to european union private...

The Cambridge Companion to

European Union Private Law

The emergence of EU private law as an independent legal discipline is

one of themost significant developments in European legal scholarship

in recent times. In this Companion, leading scholars provide a critical

introduction to the subject’s key areas, while offering original and

thought-provoking comment on the field. In addition to several

chapters on consumer law topics, the collection has individual chapters

on commercial contracts, competition law, non-discrimination law,

financial services and travel law. It also discusses the wider issues

concerning EU private law, such as its historical evolution, the role of

comparative law, language and terminology, as well as the

implications of the Common Frame of Reference project. A useful

‘scene-setting’ introduction and further reading arranged thematically

make this important publication the student’s and scholar’s first port of

call when exploring the field.

Christian Twigg-Flesner has researched and written on aspects of EU

private law, particularly consumer law, for over a decade. He is also a

member of the Acquis Group, which has worked on the principles of

existing EC private law and contributed to the Draft Common Frame

of Reference on European contract law. Dr Twigg-Flesner has taught

EU private law both at the University of Hull and abroad, having been a

visiting professor at the German universities of Bielefeld, Munster and

Osnabruck. He is a widely acknowledged expert on the subject and has

been consulted by government departments, the Law Commission and

parliamentary select committees.

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Edited by world-leading academics, each offers a collection of essays that

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and enlightening, the Companions library represents legal scholarship

at its best.

The Cambridge Companion to European Union Private LawEdited by Christian Twigg-Flesner

Forthcoming titles:

The Cambridge Companion to International LawEdited by James Crawford and Martti Koskenniemi

The Cambridge Companion to Comparative LawEdited by Mauro Bussani and Ugo Mattei






The Cambridge Companion to

European Union Private Law

Edited by

Christian Twigg-Flesner






CAMBR I DG E UN I V E R S I T Y P R E S S

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# Cambridge University Press 2010

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First published 2010

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication data

The Cambridge companion to European Union private law / [edited by] Christian

Twigg-Flesner.

p. cm. – (Cambridge companions to law)

Summary: “The emergence of EU Private Law as an independent legal

discipline is one of the most significant developments in

ISBN 978-0-521-51617-4 (hardback)

1. Civil law – European Union countries. I. Twigg-Flesner, Christian,

1975– II. Title. III. Series.

KJE995.C36 2010

346.24–dc22 2010000472

ISBN 978-0-521-51617-4 Hardback

ISBN 978-0-521-73615-2 Paperback

Cambridge University Press has no responsibility for the persistence or

accuracy of URLs for external or third-party internet websites referred to in

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or will remain, accurate or appropriate.






Contents

Preface page vii

List of contributors viii

Table of cases xiv

Table of legislation xxiii

1 Introduction: key features of European Union private law

Christian Twigg-Flesner 1

2 The historical evolution of European private law

D. Heirbaut and M. E. Storme 20

3 European private law and the comparative method

Jan M. Smits 33

4 The role of the conflict of laws in European private law

Horatia Muir-Watt 44

5 Competence and European private law

Stephen Weatherill 58

6 Language and terminology

Gerhard Dannemann, Silvia Ferreri and Michele Graziadei 70

7 European private law by directives: approach and challenges

Angus Johnston and Hannes Unberath 85

8 The European Court of Justice as a motor of

private law

Jules Stuyck 101

9 European contract law: the Common Frame of Reference

and beyond

Hugh Beale 116






10 The way forward in European consumer contract law: optional

instrument instead of further deconstruction of national

private laws

Hans Schulte-Nölke 131

11 Commercial contracts and European private law

Giuditta Cordero Moss 147

12 European tort law: features of a diverse landscape

Cees van Dam 160

13 European Union property law

Sjef van Erp and Bram Akkermans 173

14 Information obligations and withdrawal rights

Peter Rott 187

15 Travel law

Jens Karsten 201

16 Unfair contract terms

Paolisa Nebbia 216

17 Unfair commercial practices and European private law

Hans-W. Micklitz 229

18 Consumer sales and associated guarantees

Ulrich Magnus 243

19 Product liability

Geraint Howells and Marcus Pilgerstorfer 257

20 Commercial agency in European Union private law

Severine Saintier 273

21 EU competition law and European private law

Giorgio Monti 286

22 Non-discrimination and European private law

Fryderyk Zoll 298

23 Financial services in European Union private law

Jerzy Pisulinski 313

Further reading 329

Index 340

vi Contents






Preface

For those of us who teach European private law, one thing that has been

lacking thus far is a single text that could be used for this purpose.

Although the scholarly literature on European private law is voluminous,

finding an ‘access point’ for this subject has been more difficult. When

Cambridge University Press decided to develop its successful Companion

series by adding titles on particular areas of law, a unique opportunity for

putting together such a single text presented itself.

The purpose of this Companion to European Union Private Law is two-

fold: first, it explores many of the general themes that have emerged in this

subject; and, secondly, it examines specific topics, such as unfair terms,

withdrawal rights, sales or non-discrimination. The overall purpose of this

Companion is to enable the reader to gain solid foundations in this subject,

while those already experienced in this field might find a fresh look at the

broader picture of interest.

My thanks go to all the contributors to this Companion for agreeing to

participate in this venture, to Sinead Moloney and Cambridge University

Press for inviting me to take on this project, and to Daniel Metcalfe for

assisting with the editing process for some of the chapters. The biggest thanks

go to Bev and Sophie, who have (once again) patiently endured my disap-

pearance into the study for hours on end to complete the editing process.

Note: A word on references to Treaty ArticlesThe Lisbon Treaty entered into force after the manuscript was finalised.

References to Treaty Articles are, therefore, in their pre-Lisbon version, but

the revised Article numbers have been given in square brackets, also

indicating whether the new provision will be in the Treaty on the

Functioning of the European Union (TFEU) or the Treaty on European

Union (TEU).

Christian Twigg-Flesner

Hull, August 2009






Contributors

Bram Akkermans is Assistant Professor of European Private Law at the

Faculty of Law, Maastricht University, the Netherlands. He specialises in

comparative and European property law. He is also editorial assistant for the

European Property Law Journal and a member of the Ius Commune Casebook

property law team. He has published on aspects of European and comparative

property law.

Hugh Beale is a professor of law at the University of Warwick, UK. He edited

with Ole Lando Principles of European Contract Law (vols. I and II, 2000 ) and

with A. Hartkamp, H. Koetz and D. Tallon, the Contract volume of the

Casebooks on a Common Law of Europe (2002). He is the General Editor of

Chitty on Contracts. He was a member of the Study Group on a European Civil

Code and of the team responsible for the Draft Common Frame of Reference

(2009). From 2000 to 2007 he served as a Law Commissioner for England and

Wales.

Cees van Dam is Visiting Professor at King’s College London, UK, Honorary

Professor at Utrecht University, the Netherlands and an independent legal

consultant. In 2006, he published European Tort Law, the first handbook in this

area. His expertise includes business and human rights, regulation, unfair

commercial practices and law and cultural diversity (www.ceesvandam.info).

Gerhard Dannemann is Professor of English Law, British Economy and Politics at

Humboldt University, Berlin, Germany. He has written widely on the comparative

law of contracts, torts, unjust enrichment and conflict of laws. His books include

The German Law of Unjustified Enrichment and Restitution (2009). He is general

editor of the Oxford University Comparative Law Forum, and chairs both the

Terminology Group and the Redaction Committee of the Acquis Group.

Sjef van Erp is Professor of Civil Law and European Private Law at the Faculty

of Law, Maastricht University, the Netherlands. He has published widely on

issues of European and comparative private law, especially comparative and

European property law. Sjef van Erp is president of the Netherlands

Comparative Law Association, editor-in-chief of the Electronic Journal of

Comparative Law and of the European Property Law Journal, as well as editor






of the Ius Commune Casebook property law. He also serves as deputy justice in

a Court of Appeal.

Silvia Ferreri is Professor of Comparative Private Law at the University of

Torino, Italy. She has published several books on the harmonisation of legal

systems (including a study of themechanisms of incorporation of international

instruments into national legal systems), the interpretation of contracts and the

contract of sale, as well as a comparative study on the remedies to recover

possession of movables. She is a member of the International Academy of

Comparative Law, an active contributor to the Association H. Capitant des amis

de la culture juridique francaise and a member of the Acquis Group.

Michele Graziadei is Professor of Private Law at the University of Torino, Italy

and is a member of the Acquis Group. He teaches at the International Faculty of

Comparative Law, Strasbourg. He has published on comparative law

methodology, comparative legal history, civil law, law and translation, and has

a vast experience of collaboration on international research projects on

European private law. His recent publications include: ‘Comparative Law as the

Study of Transplants and Receptions’, in M. Reimann and R. Zimmerman (eds.),

The Oxford Handbook of Comparative Law (2006); Legal Transplants and the

Frontiers of Legal Knowledge (2009); What Went Wrong? (2010).

Dirk Heirbaut is Professor of Legal History and Roman Law at the University of

Ghent, Belgium. His publications are on legal history in general, medieval

customary law and Belgian law during the nineteenth and twentieth centuries.

He is a member of the editorial board of the Legal History Review and co-editor

of the series Studies in the History of Private Law.

Geraint Howells is Professor of Commercial Law at Manchester University and

a barrister at Gough Square Chambers, London, UK. He has written widely on

consumer law issues (his books include Comparative Product Liability,

Consumer Product Safety, Consumer Protection Law, EC Consumer Law,

Product Liability and European Fair Trading Law). He is President of the

International Association of Consumer Law.

Angus Johnston is a senior lecturer in law at the University of Cambridge, UK.

He specialises in European law, including European energy law. His books

include Introduction to Competition Law (2006) and The German Law of

Contract (2006, with Sir Basil Markesinis and Hannes Unberath). He also now

edits Markesinis and Deakin’s Tort Law (2007, with Markesinis and Simon

Deakin).

Jens Karsten studied law at the University of Frankfurt/Main, Germany, and

obtained an LLM from the University of Nottingham in 1996. He is legal

Contributors ix






adviser to a European trade association and affiliated to the Scandinavian

Institute of Maritime Law of the University of Oslo, Norway. He has published

on European contract law and consumer law in English, French and German.

The main focus of his present work is to advocate for the recognition of ‘EC

passenger law’ as a branch of Community law in its own right.

Ulrich Magnus is Professor Emeritus of Civil Law, Private International Law

and Comparative Law at the University of Hamburg, Germany. He was also a

judge at the Court of Appeal in Hamburg, Germany. He has published widely

on both European and international sales law (UN Convention on the

International Sale of Goods).

Hans Micklitz is Professor of Economic Law at the European University

Institute (EUI), Florence, Italy. Before joining EUI, he was Professor of Civil Law

at the University of Bamberg, Germany. He has undertaken many comparative

studies on aspects of European private law and has authored and edited around

fifty books. His current work focuses on administrative enforcement and

judicial cooperation, as well as models of social justice in Europe.

Giorgio Monti is a reader in law at the London School of Economics, UK. He is

the author of EC Competition Law (2007) and of several articles on various

aspects of competition law. He is on the editorial board of the Modern Law

Review.

Giuditta Cordero Moss, Dr juris (Oslo), PhD (Moscow), is a professor at the

University of Oslo, Norway. Originally an Italian lawyer, she has been

practising the law of international commercial contracts for over two decades,

first as a corporate lawyer and, since she became a full-time academic, as an

arbitrator. She writes extensively on private international law, arbitration and

comparative law of contracts.

Horatia Muir Watt is a professor and director of the programme Global and

Comparative Legal Studies at Sciences-po, Paris, France. She is editor-in-chief

of the Revue critique de droit international prive. Her publications include a

textbook on Private International Law (PUF 2007, with Dominique Bureau), a

series of Hague lectures on the economic aspects of private international law

(2005) and two books relating to regulation and governance in European

private law with Fabrizio Cafaggi (The Making of European Private Law,

2 vols., 2008, 2009).

Paolisa Nebbia, before returning to Italy in 2009, was a reader in law at the

University of Leicester, UK, having previously been a Fellow in Law at St.

Hilda’s College, Oxford. She holds a PhD (Southampton) and an LLM in legal

theory from the European Academy of European Law in Brussels. She is also a

x Contributors






visiting professor at the universities of Turin and Lyon. She is a qualified

‘avvocato’ and solicitor.

Marcus Pilgerstorfer is a barrister specialising in product liability at Old

Square Chambers, London, UK. His experience ranges from large group

pharmaceutical litigation to individual and simple product cases. Marcus also

has an active academic research interest focusing on comparative aspects of

European product liability law.

Jerzy Pisulinski is Professor of Private Law at Jagiellonian University, Krakow,

Poland. He is a member of the Codification Commission for Private Law of the

Polish Ministry of Justice and a member of the Acquis Group. He specialises in

the law of obligations, property law, consumer law, banking law and European

civil procedure. He is co-editor of Rechtstransformation in der Europaischen

Union (Nomos) and the Polish Quarterly of Private Law (Kwartalnik Prawa

Prywatnego).

Peter Rott is an associate professor of European private law at the University of

Copenhagen, Denmark. He has published widely on EU, comparative and

national consumer law and general contract law. He is joint author of

Understanding EU Consumer Law, has authored and co-authored books on the

implementation of various EC directives in the Member States and is a board

member of the International Association of Consumer Law.

Severine Saintier is a senior lecturer in law and convenor of the Institute for

Commercial Law Studies, Sheffield University, UK. She has written extensively

on aspects of EU private law, especially in the field of commercial agency. Her

books include Commercial Agents and the Law (2005), co-written with Jeremy

Scholes. She is a member of the Working Team on Mandate Contracts which is

part of the Study Group on a European Contract Civil Code.

Hans Schulte-Nolke is Professor of European Private Law, Comparative Law

and Legal History at the University of Osnabruck, Germany, where he is also a

director of the European Legal Studies Institute. He is the coordinator of the

CoPECL Network of Excellence which prepared the Draft Common Frame of

Reference, and of the Acquis Group. He also directed the Consumer Law

Compendium study for the European Commission, and has published widely on

EU consumer and private law.

Jan Smits is Professor of European Private Law and Comparative Law at

Tilburg University, the Netherlands, and Research Professor of Comparative

Legal Studies in the University of Helsinki, Finland. He has written extensively

on European private law and Dutch law. His books include The Making of

Contributors xi






European Private Law (2002) and he is the editor of the Elgar Encyclopedia of

Comparative Law (2006). He also directs the Tilburg Institute of Comparative

and Transnational Law (TICOM).

Matthias E. Storme is Professor of Belgian, European and Comparative Private

Law and Civil Procedure at the Law School of the Catholic University, Leuven,

Belgium. He also practises law as a member of the Bar in Brussels. He is joint

editor of the European Review of Private Law and editor of the Tijdschrift voor

Privaatrecht. He was a member of the Commission on European Contract Law

(Lando Commission) and of the Compilation and Redaction Team of the

CoPECL Network that prepared the Draft Common Frame of Reference for

European contract law.

Jules Stuyck is Professor of European Law and Consumer Law at the Catholic

University, Leuven, Belgium, and teaches at the Radboud University,

Nijmegen, the Netherlands, the Central European University in Budapest and

the Pantheon-Assas Paris II University. He is partner and head of the

department of European Law and Competition Law at Liedekerke, Brussels. He

has published extensively on EU internal market issues, consumer law and

competition law. He is a member of several editorial boards.

Christian Twigg-Flesner is a reader in law and Convenor of the Trade and

Commercial Law Centre, Law School, University of Hull, UK. He has written

widely on aspects of EU private law, especially consumer law. His most recent

book is The Europeanisation of Contract Law (2008). He is joint editor of the

Journal of Consumer Policy, a member of the Acquis Group Redaction

Committee, and on the consulting board of the Society of European Contract

Law (SECOLA). He is a co-author of the EC Consumer Law Compendium

(2008).

Hannes Unberath is Professor of Law at the University of Bayreuth, Germany.

Formerly, he was Professor of Law at the Friedrich-Schiller University, Jena

and judge at the Thuringian Court of Appeal. He has written extensively on

comparative law and private law theory. His books include The German Law of

Torts (2002, with Sir Basil Markesinis), Transferred Loss (2003), The German

Law of Contract (2006, with Sir Basil Markesinis and Angus Johnston) and Die

Vertragsverletzung (2007).

Stephen Weatherill is the Jacques Delors Professor of European Law at the

University of Oxford, UK. He is also a Fellow of Somerville College and Deputy

Director for European Law at the Institute for European and Comparative Law,

Oxford. He has published across a wide range of matters affected by EC law and

policy.

xii Contributors






Fryderyk Zoll is a professor at the Jagiellonian University, Krakow and Leon

Kozminski Academy of Entrepreneurship and Management, Warsaw, Poland. He

also manages the Coordination Unit of the Foreign Law Programme at the

Jagiellonian University. He is a member of the Research Group on the Existing

EC Private Law (Acquis Group) as well as of the Draft Common Frame of

Reference Team.

Contributors xiii






Table of cases

Court of Justice (ECJ)

Case 7/56, 3/57–7/57Algera v. CommonAssembly of the European Coal & Steel

Community [1957] ECR 39 39, 40

Case 26/62 Van Gend en Loos v. Nederlandse Administratie der Belastingen

[1963] ECR 1 93

Case 22/70 Commission v. Council [1971] ECR 263 (ERTA judgment) 203

Case 49/71 Hagen OGH v. Einfuhr- und Vorratsstelle fur Getreide und

Futtermittel [1973] 12 C.M.L.R. 23 80

Case 4/73 J. Nold, Kohlen- und Baustoffgroßhandlung v. Commission of the

European Communities [1974] ECR 985 176

Case 8/74 Procureur du Roi v. Benoıt and Gustave Dassonville [1974] ECR

837 102, 103, 105

Case 36/74 B.N. O. Walrave and L. J. N. Koch v. Association Union cycliste

internationale, Koninklijke Nederlandsche Wielren Unie and Federacion

Espanola Ciclismo [1974] ECR 1045 107

Case 43/75 Gabrielle Defrenne v. Societe anonyme belge de navigation aerienne

Sabena [1976] ECR 455 58

Case 26/76 Metro SB-Großmarkte GmbH & Co. KG v. Commission of the

European Communities [1977] ECR 1875 289

Case 33/76 Rewe-Zentralfinanz v. Landwirtschaftskammer fur das Saarland

[1976] ECR 1989 97, 163

Case 45/76 Comet v. Produktschap voor Siergewassen [1976] ECR 2043 97

Case 120/78 Rewe-Zentral AG v. Bundesmonopolamt fur Branntwein (Cassis

de Dijon) [1979] ECR 649 102, 103

Case 148/78, Pubblico Ministero v. Ratti [1979] ECR 1629 93

Case 15/79 P. B. Groenveld BV v. Produktschap voor Vee en Vlees [1979]

ECR 3409 104

Case 44/79 Liselotte Hauer v. Land Rheinland-Pfalz [1979] ECR 3727 176

Case 158/80 Rewe-Handelsgesellschaft Nord v. Hauptzollamt Kiel [1981]

ECR 1805 97






Case 319/82 Soc. de Vente de Ciments et Betons v. Kerpen & Kerpen [1983]

ECR 4173 291

Case 14/83 Sabine von Colson and Elisabeth Kamann v. Land Nordrhein-

Westfalen [1984] ECR 1891 96, 97, 109, 311

Case 152/84 Marshall v. Southampton and South-West Hampshire Area

Health Authority (Teaching) (Marshall I) [1986] ECR 723 93

C-209/84–213/84 Criminal proceedings against Lucas Asjes and others,

Andrew Gray and others, Jacques Maillot and others and Leo Ludwig and

others – Nouvelles Frontieres [1986] ECR 1425 203

Case 382/87 R. Buet and Educational Business Services (EBS) v. Ministere

public [1999] ECR I-235 102

C-69/88 H. Krantz GmbH & Co. v. Ontvanger der Directe Belastingen and

Netherlands State [1990] ECR I-583 103, 105, 183–4

C-109/88 Handels- og Kontorfunktionærernes Forbund I Danmark v. Dansk

Arbejdsgiverforening for Danfoss [1989] ECR 3199, [1991] 1 C.M.L.R. 8,

[1989] I.R.L.R. 532 310

C-177/88 Dekker v. Stichting Vormingscentrum voor Jong Volwassenen [1990]

ECR I-3941 97

Case 362/88 GB-INNO-BM v. Confederation du commerce luxembourgeois

[1990] ECR I-66 102

C-106/89 Marleasing SA v. La Comercial Internacional de Alimentacion

[1990] ECR I-4135 96, 109

C-234/89 Stergios Delimitis v. Henninger Brau AG [1991] ECR I-935 292

C-339/89 Alsthom Atlantique SA v. Compagnie de construction mecanique

Sulzer SA [1991] ECR I-107 104

C-361/89 Criminal proceedings against Di Pinto [1991] ECR I-1189 111–12,

133, 218

C-6/90 and C-9/90 Francovich and others v. Italy [1991] ECR I-5357 39, 110,

115, 162, 163, 164, 237, 249

C-373/90 Criminal proceedings against X [1992] ECR I-131 234

C-169/91 Council of the City of Stoke-on-Trent, Norwich City Council v.

B & Q Plc [1992] ECR I-6635 102

C-267/91 and C-268/91 Criminal proceedings against Bernard Keck and

Daniel Mithouard [1993] ECR I-6097 102, 103

C-271/91 Marshall v. Southampton and South-West Hampshire Area Health

Authority (Teaching) (Marshall II) [1993] ECR I-4367 97

C-91/92 Paola Faccini Dori v. Recreb Srl [1994] ECR I-3325 109, 133

Table of cases xv






C-93/92 CMC Motorradcenter GmbH v. Pelin Baskiciogullari [1993] ECR

I-5009 104

C-127/92 Enderby v. Frenchay Health Authority [1993] ECR I-5535 310

C-334/92WagnerMiret v. Fondo de Garantıa Salarial [1993] ECR I-6911 109

C-350/92 Spain v. Council [1995] ECR I-1985 63

C-379/92 Criminal proceedings against Matteo Peralta [1994] ECR I-3453 202

C-41/93 France v. Commission [1994] ECR I-1829 88

C-46/93 and C-48/93 Brasserie du Pecheur SA v. Bundesrepublik Deutschland

and The Queen v. Secretary of State for Transport, ex parte Factortame

Ltd and others [1996] I-1029 39, 94, 163, 164

C-384/93 Alpine Investments BV v. Minister van Financien [1995] ECR

I-1141 133

C-392/93 R. v. HM Treasury, ex parte British Telecommunications [1996]

ECR I-1631 94

C-415/93 Union royale belge des societes de football association ASBL

v. Jean-Marc Bosman, Royal club liegeois SA v. Jean-Marc Bosman and

others andUnion des associations europeennes de football (UEFA) v. Jean-

Marc Bosman [1995] ECR I-4921 9, 58, 107

C-178/94–C-179/94, C-188/94–C-190/94 Dillenkofer and others v. Germany

[1996] ECR I-4845 94, 133, 164, 211

C-192/94El Corte Ingles SA v.Cristina Blazquez Rivero [1996] ECR I-1281 133

C-194/94 CIA Security International SA v. Signalson SA and Securitel SPRL

[1996] ECR I-2201 106

C-66/95 R. v. Secretary of State for Social Security, ex parte Sutton [1997]

ECR I-2163 97

C-104/95 Georgios Kontogeorgas v. Kartonpak AE [1996] ECR I-6643 278

C-188/95 Fantask A/S v. Industrieministeriet [1997] ECR I-6783 97

C-265/95 Commission v. France [1977] ECR I-6959 107

C-269/95 Francesco Benincasa v. Dentalikit Srl [1997] ECR I-3767 218

C-300/95 Commission v. United Kingdom [1997] ECR I-2649 165, 260, 269–70

C-45/96 Bayerische Hypotheken- und Wechselbank AG v. Edgard Dietzinger

[1998] ECR I-1199 133, 195, 218

C-210/96 Gut Springenheide GmbH v. Oberkreisdirektor des Kreises Steinfurt

[1998] ECR I-4657 166

C-364/96 Verein fur Konsumenteninformation (VKI) v. Osterreichische

Kreditversicherungs AG [1998] ECR I-2949 133, 211

xvi Table of cases






C-410/96 Criminal proceedings against Andre Ambry [1998] I-7875 211

C-126/97 Eco Swiss China Time Ltd v. Benetton [1999] ECR I-3055 55, 290

C-140/97 Walter Rechberger, Renate Greindl, Hermann Hofmeister and

Others v. Republik Osterreich [1999] ECR I-3499 133, 211

C-215/97 Bellone v. Yokohama SpA [1998] ECR I-2191 275, 276

C-222/97 Manfred Trummer and Peter Mayer [1999] ECR I-1661 184

C-237/97 AFS Intercultural Programs Finland ry [1999] ECR I-825 133, 210

C-423/97 Travel Vac SL v. Sanchis [1999] ECR I-2195 133, 212

C-208/98 Berliner Kindl Brauerei AG v. Andreas Siepert [2000] ECR

I-1741 133, 316

C-240/98–C-244/98 Oceano Grupo Editorial and Salvat Editores [2000] ECR

I-4941 113, 133, 227

C-281/98 Angonese v. Cassa di Risparmio di Bolzano SpA [2000] ECR

I-4139 9, 58, 107–8, 299

C-344/98 Masterfoods Ltd v. HB Ice Cream Ltd [2000] ECR I-11369 287

C-352/98 Bergaderm v. Commission [2000] ECR I-5291 163, 164

C-376/98 Germany v. Parliament and Council [2000] ECR I-8419. 37, 61, 62,

63, 64, 65, 69, 186

C-381/98 Ingmar GB Ltd v. Eaton Leonard Technologies Inc. [2000] ECR

I-9305 51, 280, 281, 283

C-443/98 Unilever Italia SpA v. Central Food SpA [2000] ECR I-7535 106

C-456/98 Centrosteel SrL v. Adipol GmbH [2000] ECR I-6007 276

C-144/99 Commission v. Netherlands [2001] ECR I-3541 93

C-203/99 Veedfald v. Arhus Amtskommune [2001] ECR I-3569 165, 261,

267

C-453/99 Courage Ltd v. Bernard Crehan and Bernard Crehan v. Courage

Ltd and others [2001] ECR I-6297 115, 163, 293–4, 297

C-481/99 Georg Heininger et. v. Bayerische Hypo- und Vereinsbank AG

[2001] ECR I-9945 40, 133, 191, 322

C-487/99 Commission v. Sweden [2002] ECR I-4147 111

C-515/99, C-519/99–C-524/99 and C-526/99–C-540/99 Hans Reisch and

others v. Burgermeister des Landeshauptstadt Salzburg and others

[2002] ECR I-2157 184–5

C-541/99 and 542/99 Idealservice Srl and Idealservice MN RE Sas v. OMAI

Srl [2001] ECR I-9049 111, 133, 218

C-52/00 Commission v. France [2002] ECR I-3827 88, 165, 260

Table of cases xvii






C-112/00 Schmidberger, Internationale Transporte und Planzuge v. Austria

[2003] ECR I-5659 107

C-154/00 Commission of the European Communities v. Hellenic Republic

[2002] ECR I-3879 260

C-159/00 Sapod Audic v. Eco-Emballages SA [2002] ECR I-5031 106–7

C-167/00 Verein fur Konsumenteninformation v. Karl Heinz Henkel [2002]

ECR I-8111 133

C-168/00 Simone Leitner v. TUI Deutschland GmbH [2002] ECR I-2631 40,

80, 91, 113–14, 125, 133, 211

C-183/00 Maria Victoria Gonzalez Sanchez v. Medicina Asturiana SA [2002]

ECR I-3901 90, 165, 260

C-253/00 Munoz v. Frumar and Redbridge [2002] ECR I-7289 163

C-386/00 Axa Royale Belge SA v. Georges Ochoa Strategie Finance SPRL

[2002] ECR I-2209 196

C-400/00 Club Tour, Viagens e Turismo SA v.Alberto Carlos Goncalves Garrido

[2002] ECR I-4051 133, 210

C-473/00 Cofidis SA v. Jean Louis Fredout [2002] ECR I-10875 133, 227

C-224/01 Kobler v. Austria [2003] I-10239 163

C-264/01, C-306/01, C-354/01 and C-355/01AOK Bundesverband and others v.

Ichthyol-Gesellschaft Cordes and others [2004] ECR I-2493 297

C-397/01–C-403/01 Pfeiffer and others v.Deutsches Rotes Kreuz, Kreisverband

Waldshut eV [2004] ECR I-8835 94, 109

C-449/01Abbey Life Assurance Co. Ltd v.Kok TheamYeapOJ 2003 C146/13 274

C-464/01 Gruber v. Bay Wa AG [2005] ECR I-439 112, 218, 248

C-485/01 Caprini v. Conservatore Camera di Commercio, Industria,

Artigianato e Agricoltura (CCIA) [2002] ECR I-2371 276

C-491/01 R. v. Secretary of State, ex parte BAT and Imperial Tobacco [2002]

ECR I-11543 63, 64

C-222/02 Peter Paul v. Germany [2004] ECR I-9425 164

C-237/02 Freiburger Kommunalbauten GmbH Baugesellschaft & Co. KG v.

Hofstetter [2004] I-3403 113, 133, 224, 258

C-264/02 Cofinoga Merignac SA v. Sylvain Sachithanathan [2004] ECR

I-2157 133, 318

C-20/03 Criminal Proceedings against Burmanjer and others [2005] ECR

I-4133 192

C-70/03 Commission v. Spain [2004] ECR I-7999 93, 133, 213

xviii Table of cases






C-85/03 Mavrona & Sia OE v. Delta Etaireia Symmetochon AE [2004] ECR I

1573 275

C-160/03 Spain v. Eurojust [2005 ] ECR I-02077 73

C-265/03 Simutenkov v.Ministerio de Educacion y Cultura [2005] ECR I-2579 74

C-310/03 Commission v. Luxembourg [2004] ECR I-1969 110

C-311/03 Commission v. France OJ 2004 C217/8. 110–11

C-312/03 Commission v. Belgium [2004] ECR I-1975 110

C-336/03 easyCar (UK) Ltd v. Office of Fair Trading [2005] ECR I-1947 133, 210

C-350/03 Elisabeth Schulte v. Deutsche Bausparkasse Badenia AG [2005] ECR

I-9215 133, 185, 192, 322

C-380/03 Germany v. Parliament and Council [2006] ECR I-11573 63, 65

C-402/03 Skov Æg v. Bilka Lavprisvarehus A/S and Bilka Lavprisvarehus A/S

v. Jette Mikkelsen, Michael Due Nielsen [2006] ECR I-199 260, 263

C-436/03 Parliament v. Council [2006] ECR I-3733 67

C-3/04 Poseidon Chartering BV v. Marianne Zeeschip Vof [2006] ECR

I-2505 277

C-73/04 Klein v. Rhodos Management Ltd [2005] ECR I-8667 133, 212

C-125/04 Guy Denuit, Betty Cordenier v. Transorient – Mosaıque Voyages and

Culture SA [2005] ECR I-923 211

C-127/04 Declan O’Byrne v. Sanofi Pasteur MSD Ltd (formerly Aventis Pasteur

MSD Ltd) [2006] ECR I-1313 271

C-144/04Werner Mangold v. Rudiger Helm [2005] ECR I-9981 12, 59, 94, 299

C-154/04 and C-155/04 Alliance for Natural Health [2005] ECR I-6451. 63

C-229/04 Crailsheimer Volksbank eG. v. Kalus Conrads et. [2005] ECR

I-9273 133, 192, 322

C-295/04–C-298/04 Vincenzo Manfredi v. Lloyd Adriatico Assicurazioni SpA

[2006] ECR I-6619 115, 163, 294–5

C-344/04 The Queen on the application of International Air Transport

Association, European Low Fares Airline Association v. Department for

Transport [2006] ECR I-403 133, 202, 205

C-441/04 A-Punkt Schmuckhandels GmbH v. Claudia Schmid [2006] ECR

I-2093 87, 192

C-465/04 Honyvem Informazioni Commerciali Srl v. Mariella De Zotti

[2006] ECR I-2879 282, 283

C-484/04 Commission v. United Kingdom [2006] ECR I-747 74

Table of cases xix






C-503/04 Commission v. Germany [2007] ECR I-6153 185

C-168/05 Elisa Marıa Mostaza Claro v. Centro Movil Milenium [2006] ECR

I-10421 55, 133, 214, 227

C-341/05 Laval un Partneri Ltd v. Svenska Byggnadsarbetarforbundet

[2007] ECR I-1767 56, 108

C-429/05 Max Rampion and Godard v. Franfinance SA [2007] ECR

I-8017 133, 320

C-438/05 International Transport Workers’ Federation and Finnish Seaman’s

Union v. Viking Line ABP [2007] ECR I-7779 56, 108

C-117/06 Gerda Mollendorf v. Christiana Mollendorf-Niehuus [2007] ECR

I-8361 185

C-235/06 Commission v. Austria (removed from register) 206

C-264/06 Commission v. Luxembourg [2007] ECR I-60 206

C-308/06 The Queen on the application of International Association of

Independent Tanker Owners (Intertanko), International Association of Dry

Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee,

Lloyd’s Register, International Salvage Union v. Secretary of State for

Transport [2008] ECR I-4057 202, 203

C-333/06 Commission v. Sweden [2007] ECR I-86 206

C-396/06 Kramme (removed from register) 206

C-404/06 Quelle AG v. Bundesverband der Verbraucherzentralen und

Verbraucherverbande [2008] ECR I-2685 133, 253

C-412/06 Annelore Hamilton v. Volksbank Filder eG [2008] ECR I-2383 133

C-19/07 Chevassus-Marche and Others v. Groupe Danone [2008] ECR I-159 279

C-173/07 Emirates Airlines Direktion fur Deutschland v. Diether Schenkel

[2008] ECR I-5237 133, 202, 206, 207

C-188/07 Commune de Mesquer v. Total France SA, Total International Ltd

[2008] ECR I-4501 202

C-205/07 Criminal proceedings against Lodewijk Gysbrechts, Santurel Inter

BVBA [2008] ECR I-nyr 103, 132, 192

C-261/07 and C-299/07 VTB-VAB v. Total Belgium and Galatea v. Sanoma

Magazines [2009] ECR I-nyr 110, 133, 239

C-348/07 Turgay Semen v. Deutsche Tamoil GmbH [2009] ECR I-nyr 283

C-402/07 Sturgeon v. Condor Flugdienst GmbH (pending) 206, 207, 215

C-432/07 Stefan Bock and Cornelia Lepuschitz v.Air France SA (pending) 206,

207, 215

C-489/07 Pia Messner v. Firma Stefan Kruger [2009] ECR I-nyr 191

xx Table of cases






C-509/07 Scarpelli [2009] ECR I-nyr 133

C-549/07 Wallentin-Hermann v. Alitalia – Linee Aeree Italiane SpA [2008]

ECR I-nyr 202, 206

C-204/08 Rehder v. Air Baltic Corporation [2009] ECR I-nyr 206, 207, 214

C-215/08 E. Friz GmbH v. Carsten von der Heyden (pending) 195

C-243/08PannonGSMZrt v.Erzsebet Sustikne Gyorfi [2009] ECR I-nyr 133, 227

C-301/08 Irene Bogiatzi, married name Ventouras v. Deutscher Luftpool,

Luxair SA, European Communities, State of the Grand Duchy of

Luxembourg, Foyer Assurances SA (pending) 204, 215

C-358/08 Aventis Pasteur SA v. OB [2009] ECR I-nyr

C-525/08 Bienek v. Condor Flugdienst GmbH (pending) 206

C-529/08 Schulze and others v. Deutsche Lufthansa AG (removed from

register) 206

C-585/08 Pammer v. Reederei Karl Schluter GmbH & Co. KG (pending) 214

C-63/09 Walz v. Clickair SA (pending) 203, 215

C-121/09 Commission v. Italy (pending) 211

C-144/09 Hotel Alpenhof v. Oliver Heller (pending) 214

Court of First Instance

T-366/03 and T-235/04 Land Oberosterreich v. Commission [2005] ECR

II-4005 88

T-185/05 Italian Republic v. Commission [2008] ECR II-nyr 73

European Court of Human Rights decisions

ECtHR 28 October 1998, Case 87/1997 (Osman v. United Kingdom) 161

ECtHR 10 May 2001, Case 29392/95 (Z v. United Kingdom) 161–2

ECtHR 18 May 2004, Case 58148/00 (Plon (Societe) v. France) 162

ECtHR 24 June 2004, Case 59320/00 (Caroline von Hannover v. Germany) 162

ECtHR 30 November 2004, Case 48939/99 (Oneryildiz v. Turkey) 161

UK cases

A and others v. National Blood Authority and another [2001] 3 All E.R. 289

(QBD) 261, 264, 265

AAH Pharmaceuticals Ltd & others v. Pfizer Ltd & another [2007] EWHC

565 (Ch) 297

Table of cases xxi






Adidas-Salomon AG v. Lawn Tennis Association [2006] EWHC 1318 (Ch) 296

Alan Peter Ide v. ATB Sales Ltd; Lexus Financial Services t/a Toyota Financial

Services (UK) Plc v. Sandra Russell [2008] EWCA Civ 424 (CA) 262

Atlas Express v. Kafco [1989] Q.B. 833 289

Chemidus Wavin Ltd v. Societe pour la transformation et l’exploitation des

resins industrielles SA [1978] 3 C.M.L.R. 514 291

Crehan and others v. Courage Ltd and others [1999] EWCA Civ 1501 291

Days Medical Aids Ltd v. Pihsiang Machinery Co. Ltd [2004] EWHC 44

(Comm) 288

Director General of Fair Trading v. First National Bank [2001] UKHL 52 225

English Welsh and Scottish Railway Ltd v. E.ON UK Ltd. [2007] EWHC 599

(Comm) 290, 291

Foster v. Biosil [2000] 59 B.M.L.R. 178 262

Garden Cottage Foods Ltd v. Milk Marketing Board [1984] A.C. 130 293

Heathrow Airport Ltd v. Forte (UK) Ltd [1998] ECC 357 290

Inntrepreneur Pub Company (CPC) and others v. Crehan [2006] UKHL 38 287

Interfoto Picture Library Ltd v. Stiletto Visual Programmes Ltd [1988] 2

W.L.R. 615 154

John Rylands and Jehu Horrocks v. Thomas Fletcher (1868) L.R. 3 H.L. 330 168

Lloyd Gailey v. Environmental Waste Control [2004] Eu L.R. 423 274

Lonsdale v. Howard and Hallam Ltd [2007] UKHL 32, [2007] 1 W.L.R.

2055 80, 285

McFarlane v. Tayside Health Board 2000 SC (HL) 15 35

OB (by his mother and litigation friend) v. Aventis Pasteur SA [2008] UKHL

34 (HL) 271

Parks v. Esso Petroleum Company Ltd [1999] 1 C.M.L.R. 455 283

Passmore v. Morland Plc [1999] 3 All E.R. 1005 292

Pollard v. Tesco Stores Ltd [2006] EWCA Civ 393 (CA) 266

Sirdar v. Les Fils de Louis Mulliez [1975] 1 C.M.L.R. 378 290

Software Cellular Network Ltd v. T-Mobile (UK) Ltd [2007] EWHC 1790

(Ch) [60] 297

US case

Wyeth v. Diana Levine (No. 06–1249) 555 US 1 (2009) (US Sup. Ct) 266

xxii Table of cases






Table of legislation

Directives

Directive 73/239/EECon theCoordinationof Laws, Regulations andAdministrative

Provisions Relating to the Taking-Up and Pursuit of the Business of Direct

Insurance Other than Life Assurance – OJ 1973 L228/3 314

Directive 76/207/EEC on the Implementation of the Principle of Equal Treatment

for Men and Women as Regards Access to Employment, Vocational

Training and Promotion, and Working Conditions – OJ 1976 L39/40 97

Directive 84/450/EEC relating to the Approximation of the Laws, Regulations

and Administrative Provisions of the Member States concerning

Misleading Advertising – OJ 1984 L250/17 167, 229

Directive 85/374/EEC on the Approximation of the Laws, Regulations and

Administrative Provisions of the Member States concerning Liability for

Defective Products – OJ 1985 L210/29 60, 88, 90, 165,

257–72

Directive 85/577/EEC to Protect the Consumer in Respect of Contracts

Negotiated Away From Business Promises – OJ 1985 L372/31 59, 60, 63,

69, 87, 89, 109, 112, 133, 136, 189, 195, 241, 319, 322

Directive 85/611/EEC on the Coordination of Laws, Regulations and

Administrative Provisions relating to Collective Investment in

Transferable Securities (UCITS) – OJ 1985 L375/3 77

Directive 86/653/EEC on the Coordination of the Laws of the Member States

relating to Self-Employed Commercial Agents – OJ 1986 L382/17 51,

59, 80, 90, 273–85

Directive 87/102/EEC for the Approximation of the Laws, Regulations and

Administrative Provisions of the Member States Concerning Consumer

Credit – OJ 1987 L42/48 59, 189, 199, 314, 321, 327

Directive 89/665/EEC on the Coordination of the Laws, Regulations and

Administrative Provisions Relating to the Application of Review

Procedures to the Award of Public Supply and Public Works Contracts –

OJ 1989 L95/33 60






Directive 90/88/EEC amending Directive 87/102/EEC for the Approximation of

the Laws, Regulations and Administrative Provisions of the Member

States Concerning Consumer Credit – OJ 1990 L61/14 314

Directive 90/314/EEC on Package Travel, Package Holidays and Package

Tours – OJ 1990 L158/59 40, 59, 79, 91, 113–14, 133, 141, 189, 191,

209, 210–11, 212–14, 226

Directive 92/96/EEC on the Coordination of Laws, Regulations and

Administrative Provisions Relating to Direct Life Assurance and Amending

Directives 79/267/EEC and 90/619/EEC – OJ 1992 L360/1 196, 314

Directive 93/7/EEC on the Return of Cultural Objects Unlawfully Removed

from the Territory of a Member State – OJ 1993 L74/74 176

Directive 93/13/EEC on Unfair Terms in Consumer Contracts – OJ 1993

L95/29 9, 38, 59, 69, 89, 111, 112, 113, 133, 136, 216–28, 239, 241, 245

Directive 94/47/EC on the Protection of Purchasers in Respect of Certain Aspects

of Contracts Relating to the Purchase of the Right to Use Immovable

Properties on a Timeshare Basis – OJ 1994 L280/83 59, 189, 191, 211

Directive 97/5/EC on Cross-Border Credit Transfers – OJ 1997 L43/25 323,

324, 328

Directive 97/7/EC on the Protection of Consumers in Respect of Distance

Contracts – OJ 1997 L144/19 59, 69, 89, 133, 136, 189, 191, 210, 232,

233, 241, 313, 320

Directive 97/55/EEC amending Directive 84/450/EEC concerning Misleading

Advertising so as to Include Comparative Advertising – OJ 1997

L194/54 167, 230

Directive 98/26/EC on Settlement Finality in Payment and Securities

Settlement Systems – OJ 1998 L166/45 326

Directive 98/27/EC on Injunctions for the Protection of Consumers’

Interests – OJ 1998 L101/17 255

Directive 98/34/EC laying down a Procedure for the Provision of Information in

the Field of Technical Standards and Regulations – OJ 1998 L204/37 105

Directive 98/43/EC on the Approximation of the Laws, Regulations and

Administrative Provisions of the Member States Relating to the

Advertising and Sponsorship of Tobacco Products – OJ 1998 L213/9 62

Directive 99/34/EC amending Council Directive 85/374/EEC on the

Approximation of the Laws, Regulations and Administrative Provisions

of the Member States Concerning Liability for Defective Products – OJ

1999 L141/20 263

xxiv Table of legislation






Directive 99/44/EC on Certain Aspects of the Sale of Consumer Goods and

Associated Guarantees – OJ 1999 L171/12 38, 59, 69, 77, 86, 89, 91, 95,

110, 125, 133, 136, 141, 241, 243–56

Directive 2000/31/EC on Certain Legal Aspects of Information Society

Services, in particular Electronic Commerce – OJ 2000 L178/1 59, 133,

167, 210, 232

Directive 2000/35/EC on Combating Late Payment in Commercial

Transactions – OJ 2000 L200/35 59, 158,176–7

Directive 2000/43/EC implementing the Principle of Equal Treatment Between

Persons Irrespective of Racial or Ethnic Origin – OJ 2000 L180/22 301,

302, 303, 305, 306, 308, 309, 310, 311

Directive 2000/46/EC on the Taking Up, Pursuit of and Prudential Supervision

of the Business of Electronic Money Institutions – OJ 2000 L275/39 313,

324, 325

Directive 2000/73/EC on the Implementation of the Principle of Equal Treatment

for Men and Women as Regards Access to Employment, Vocational

Training and Promotion andWorking Conditions – OJ 2000 L300/20 301

Directive 2000/78/EC establishing a General Framework for Equal Treatment in

Employment and Occupation – OJ 2000 L303/16 301, 302, 303, 305–6,

308, 309, 310, 311

Directive 2001/95/EC on General Product Safety – OJ 2001 L11/4 166, 261

Directive 2002/47/EC on Financial Collateral Arrangements OJ 2002 L168/43

81, 178–80

Directive 2002/65/EC concerning the DistanceMarketing of Financial Services –

OJ 2002 L271/16 59, 88, 133, 189, 190, 191, 197, 232, 313, 319, 322

Directive 2002/83/EC concerning Life Assurance – OJ 2002 L345/1 189, 314

Directive 2002/92/EC on Insurance Mediation – OJ 2003 L9/3 193, 314

Directive 2003/33/EC on the Approximation of the Laws, Regulations and

Administrative Provisions of the Member States relating to the

Advertising and Sponsorship of Tobacco Products – OJ 2003

L152/16 63

Directive 2003/54/EC concerning Common Rules for the Internal Market in

Electricity and repealing Directive 96/92/EC – Statements Made with

Regard to Decommissioning andWaste Management Activities – OJ 2003

L176/37 90

Directive 2003/55/EC concerning Common Rules for the Internal Market in

Natural Gas and repealing Directive 98/30/EC – OJ 2003 L176/57 90

Table of legislation xxv






Directive 2004/18/EC on the Coordination of Procedures for the Award of

Public Works Contracts, Public Supply Contracts and Public Service

Contracts – OJ 2004 L134/114 60

Directive 2004/35/EC on Environmental Liability with Regard to the

Prevention and Remedying of Environmental Damage – OJ 2004

L143/56 79

Directive 2004/39/EC on Markets in Financial Instruments – OJ 2004

L145/1 193, 313

Directive 2004/113/EC implementing the Principle of Equal Treatment

Between Men and Women in the Access to and Supply of Goods and

Services – OJ 2004 L373/37 301, 302, 304, 305, 306, 307, 308, 309,

310, 311

Directive 2005/29/EC concerning Unfair Business-to-Consumer Commercial

Practices – OJ L149/22 9, 88, 110, 111, 133, 166, 210, 229–42

Directive 2006/48/EC relating to the Taking Up and Pursuit of the Business of

Credit Institutions – OJ 2006 L177/1 313, 314, 324

Directive 2006/54/EC on the Implementation of the Principle of Equal

Opportunities and Equal Treatment of Men and Women in Matters of

Employment and Occupation – OJ 2006 L204/23 301, 302, 304, 305,

306, 307, 308, 309, 310, 311

Directive 2006/112/EC on the Common System of Value Added Tax – OJ 2006

L347/1 314

Directive 2006/114/EC concerning Misleading and Comparative Advertising –

OJ 2006 L376/21 230

Directive 2006/123/EC on Services in the Internal Market – OJ 2006

L376/36 60, 210, 236, 301, 303, 306, 307, 309

Directive 2007/64/EC on Payment Services in the Internal Market – OJ 2007

L319/1 59, 133, 141, 314, 323–7

Directive 2007/66/EC amending Council Directives 89/665/EEC and 92/13/

EEC with Regard to Improving the Effectiveness of Review

Procedures Concerning the Award of Public Contracts – OJ 2007

L335/31 60

Directive 2008/48/EC on Credit Agreements for Consumers – OJ L133/66 59,

111, 133, 189, 190, 193, 197, 314, 315–21

Directive 2008/122/EC on the Protection of Consumers in Respect of Certain

Aspects of Timeshare, Long-Term Holiday Product, Resale and Exchange

Contracts – OJ 2009 L33/10 59, 133, 189, 197, 209, 211

xxvi Table of legislation






Directive 2009/110/EC on the Taking Up, Pursuit and Prudential Supervision

of the Business of Electronic Money Institutions Amending Directives

2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC – OJ

2009 L267/7 313, 324, 325

Directive 2009/138/EC on the Taking Up and Pursuit of the Business of

Insurance amd Reinsurance – OJ 2009 L335/1 314

Regulations

Regulation 1/1958 Determining the Languages to be Used by the European

Economic Community – OJ 1958 L17/385 73

Regulation 2299/89 on a Code of Conduct for Computerised Reservation

Systems – OJ 1989 L220/1 208

Regulation 295/91 establishing Common Rules for a Denied-boarding

Compensation System in Scheduled Air Transport – OJ 1991 L36/5 206

Regulation 2409/92 on Fares and Rates for Air Services – OJ 1992

L240/15 208

Regulation 3089/93 amending Regulation (EEC) No. 2299/89 on a Code of

Conduct for Computerised Reservation Systems – OJ 1993 L278/1 208

Regulation 2027/97 on Air Carrier Liability in the Event of Accidents – OJ 1997

L285/1 205

Regulation 323/1999 amending Regulation (EEC) No. 2299/89 on a Code of

Conduct for Computerised Reservation Systems – OJ 1999 L40/1 208

Regulation 2790/1999/EC on the application of Article 81(3) of the Treaty to

Categories of Vertical Agreements and Concerted Practices – OJ 1999

L336/21 292

Council Regulation 1346/2000 of 29 May on Insolvency Proceedings – OJ

2000 L160/1 174–5, 177–8

Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of

Judgments in Civil and Commercial Matters – OJ 2001 L12/1 112, 133,

204

Regulation 2560/2001 on Cross-Border Payments in Euros – OJ 2001

L344/13 323, 326

Regulation 889/2002 amending Council Regulation (EC) 2027/97 on Air

Carrier Liability in the Event of Accidents – OJ 2002 L140/2 205

Regulation 1/2003 on the Implementation of the Rules on Competition laid

down in Articles 81 and 82 of the Treaty – OJ 2003 L1/1 287, 290

Table of legislation xxvii






Regulation 261/2004 establishing Common Rules on the Compensation and

Assistance to Passengers in the Event of Denied Boarding and of

Cancellation or Long Delay of Flights – OJ 2004 L46/1

91, 133, 206

Regulation 785/2004 on Insurance Requirements for Air Carriers and Aircraft

Operators – OJ 2004 L138/1 206

Regulation 920/2005/EC amending Regulation 1/1958/EEC Determining

the Language to be used by the European Economic Community and

Regulation 1/1958/EURATOM Determining the Language to be Used

by the European Atomic Energy Community and Introducing

Temporary Derogation Measures from those Regulations – OJ 2005

L156/3. 72

Regulation 2111/2005 on the Establishment of a Community List of Air

Carriers Subject to an Operating Ban within the Community and on

Informing Air Transport Passengers of the Identity of the Operating Air

Carrier – OJ 2005 L344/15 207

Regulation 1107/2006 concerning the Rights of Disabled Persons and

Persons with Reduced Mobility when Travelling by Air – OJ 2006

L204/1 207

Regulation 1738/2006/EC on Temporary Derogation Measures Relating to the

Drafting in Maltese of the Acts of the Institutions of the European Union –

OJ 2006 L329/1 72

Regulation 864/2007 on the Law Applicable to Non-contractual Obligations

(Rome-II) – OJ 2007 L199/40 45, 48, 49, 52, 91, 167, 213

Regulation 1371/2007 on Rail Passengers’ Rights and Obligations – OJ 2007

L315/14 133, 204

Regulation 593/2008 on the Law Applicable to Contractual Obligations

(Rome-I) – OJ 2008 L177/6 49, 51, 52, 91, 133, 158, 213

Regulation 1008/2008 on Common Rules for the Operation of Air Services in

the Community – OJ 2008 L293/3 208

Regulation 80/2009 on a Code of Conduct for Computerised Reservation

Systems – OJ 2009 L35/47 208

Regulation 392/2009 on the Liability of Carriers of Passengers by Sea in the

Event of Accidents – OJ 2009 L131/24 209

Regulation 924/2009 on Cross-border Payments in the Community and

Repealing Regulation (EC) No. 2560/2001 – OJ 2009

L266/11 328

xxviii Table of legislation






International Conventions

Convention for the Unification of Certain Rules Relating to International

Carriage by Air, signed at Warsaw on 12 October 1929, as amended 203

Paris Convention on the Liability of Hotel-keepers concerning the Property of

their Guests, 17 December 1962 204, 211

UNIDROIT Convention internationale relative au contrat de voyage, 1970

(CCV) 205

Athens Convention relating to the Carriage of Passengers and their Luggage by

Sea, 13 December 1974, as amended by the London Protocol, 1 November

2002 (the Athens Convention 2002) 209, 211

Convention on the Contract for the International Carriage of Passengers and

Luggage by Inland Waterway 2, 6 February 1976 205

Convention on the Contract for the International Carriage of Passengers and

Luggage by Road (CVR) 1978 205

United Nations Convention on Contracts for the International Sale of Goods

1980 (CISG) 35, 38, 86, 244, 246, 247

CCNR Strasbourg Convention on the Limitation of Liability of Owners of

Inland Navigation Vessels (CLNI), 8 November 1988 204, 211

Convention for the Unification of Certain Rules for International Carriage by

Air (the Montreal Convention), 28 May 1999, OJ L194, 18 July

2001. 203, 206, 211

Convention concerning International Carriage by Rail, 9 May 1980, amended

by the Vilnius Protocol, 3 June 1999 204

Table of legislation xxix






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