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Title
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Consumer protection by the ECJ in unit-linked group contracts : on transparency, liability and nullity under the UCPD
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Author
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Abstract
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| 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. |
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Language
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English
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Source (journal)
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Revue européenne de droit privé. - Dordrecht
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Publication
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Dordrecht
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2023
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ISSN
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0928-9801
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DOI
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10.54648/ERPL2023045
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Volume/pages
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31
:5
(2023)
, p. 933-953
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ISI
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001170301400003
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Full text (Publisher's DOI)
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Full text (open access)
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The author-created version that incorporates referee comments and is the accepted for publication version Available from 04.12.2024
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Full text (publisher's version - intranet only)
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