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OFT response to Green Paper on policy options for progress towards a European contract law for consumers and businesses

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 28 2011

The Office of Fair Trading (OFT) has issued a response to the call from the Ministry of Justice for evidence and views on the European Commission's Green Paper on policy options for progress towards a European contract law for consumers and businesses

Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co KG v Österreich-Zeitungsverlag GmbH: prize promotions and unfair commercial practices

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 25 2011

The European Court of Justice (ECJ) in Mediaprint Zeitungsund Zeitschriftenverlag GmbH & Co KG v Österreich- Zeitungsverlag GmbH C-54008 has held that the possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of the Unfair Commercial Practices Directive (200529EC), simply on the ground that that is what induced some of the consumers concerned to buy the newspaper in the first place

OFT Report on Price Framing: common pricing practices and the CPRs

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 25 2011

On 3 December 2010, the Office of Fair Trading (OFT) published a much anticipated Report on Price Framing (the Report) in which it sets out its findings on how the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) impact on specific pricing practices identified by psychological and economic studies as being potentially detrimental to consumers

Draft regulation on the optional EU-wide contract law proposed by the European Commission

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 29 2011

Following the European Parliament’s backing of the proposal made by European Commission Vice-President Viviane Reding to introduce an optional Europe-wide contract law, the European Commission has proposed a Regulation on a Common European Sales Law, offering a single set of rules for cross-border contracts in all 27 EU Member States

Rooney v CSE Bournemouth Ltd: terms and conditions available upon request

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • January 25 2011

In Rooney v CSE Bournemouth Ltd 2010 EWCA Civ 1364, the Court of Appeal of England and Wales held that "terms andconditions available upon request" could be interpreted asincorporating a contractor's standard terms