The Consumer Rights Directive

De Invloed van het Europese Recht op het Nederlandse Privaatrecht, 2nd edition, C. Sieburgh, eds., Kluwer International, Forthcoming

Amsterdam Law School Research Paper No. 2013-05

Centre for the Study of European Contract Law Working Paper Series No. 2013-01

20 Pages Posted: 22 Dec 2012  

Joasia Luzak

University of Exeter - School of Law; University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Vanessa Mak

Tilburg Law School

Date Written: December 21, 2012

Abstract

This contribution discusses the impact of the CRD on Dutch private law. How will the new directive influence consumer rights and how does this fit with existing law? Considering the background of the directive and its importance for European consumer law, however, we discuss these questions in the light of a broader perspective. We find it helpful to not only discuss the content of the new provisions introduced by the directive, but also to sketch the legislative (and political) background against which they came into being. Part 2 gives a brief overview of the directive’s background and the major points on which criticism was raised and concessions were made in the legislative process. Parts 3-7 discuss the directive’s content, starting with the scope of the directive before moving to the ‘consumer’ definition, information duties, the right of withdrawal, and a few other provisions that are new in comparison to previous legislation. We will indicate at which points discussions arose between the various legislative actors at EU and national level, and how these debates have played out in the final text of the directive. Since the directive has not yet been implemented and the new rules, therefore, have not been tested in practice, we will not be able to fully assess the impact that the directive will have on Dutch private law, in particular on case law. Where relevant, we will, however, point out significant changes that the directive makes to the existing rules. Also, comparisons will be made with the rules of the directives that will be replaced by the CRD, taking into account relevant case law that has appeared since the first edition of the volume in which this contribution appears.

Keywords: consumer rights directive, Dutch consumer law, distance selling, doorstep selling, right of withdrawal, information duties

Suggested Citation

Luzak, Joasia and Mak, Vanessa, The Consumer Rights Directive (December 21, 2012). De Invloed van het Europese Recht op het Nederlandse Privaatrecht, 2nd edition, C. Sieburgh, eds., Kluwer International, Forthcoming; Amsterdam Law School Research Paper No. 2013-05; Centre for the Study of European Contract Law Working Paper Series No. 2013-01. Available at SSRN: https://ssrn.com/abstract=2192603

Joanna Aleksandra Luzak (Contact Author)

University of Exeter - School of Law ( email )

Exeter, EX4 4QJ
United Kingdom

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Vanessa Mak

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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