Publication
Title
Consumer protection by the ECJ in unit-linked group contracts : on transparency, liability and nullity under the UCPD
Author
Abstract
This case note addresses the ECJ’s drafting of essential information to be given to a consumer in the event of a unit-linked group contract. This information enables consumers to make an informed decision. The ECJ subsequently qualifies the failure to transfer this information as a misleading omission under Article 7 UCPD, which in turn may result in a violation of the transparency requirement enshrined in the UCTD. Liability of the traders on whom the responsibility rests to furnish this informa- tion is also examined in this comment, as the ECJ makes a distinction between the responsibilities of traders and intermediaries. The Polish action for annulment when the traders infringe the UCPD was lastly deemed compliant with the UCPD and propor- tionate by the ECJ, thereby using a cross-reference to its case law in the field of consumer credits on the requirement that national sanctions have to be effective, proportionate and dissuasive. The possible consequences of this cross-reference method are discussed afterwards.
Language
English
Source (journal)
Revue européenne de droit privé. - Dordrecht
Publication
Dordrecht : 2023
ISSN
0928-9801
DOI
10.54648/ERPL2023045
Volume/pages
31 :5 (2023) , p. 933-953
ISI
001170301400003
Full text (Publisher's DOI)
Full text (open access)
The author-created version that incorporates referee comments and is the accepted for publication version Available from 04.12.2024
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identifier
Creation 01.12.2023
Last edited 09.04.2024
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