Enforcing Consumer and Capital Markets Law – The Diesel Emissions Scandal
(...) Enforcing Consumer and Capital Markets Law: The Diesel Emissions Scandal is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America.
Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take effective steps against the violation of their rights in their respective jurisdictions. The following is examined: law enforcement by public institutions, law enforcement by private parties and overlaps as well as hybrids and connections between both areas. A particular focus is given to collective redress, that is representative actions and model case proceedings. Comments from renowned practitioners sharing their experiences are included throughout the book.
Separate concluding comparative chapters have two different aims: A comparative analysis of the legal solutions with a supranational European Union level focus provides invaluable insights into best practices and effectiveness. In addition, an intradisciplinary comparison assesses and evaluates the effectiveness of consumer law vs capital markets law mechanisms. Furthermore, mechanisms of competition law and company law are taken into account.
With contributions by Willem H. van Boom (University of Leiden), Peter Cashman (3 Wentworth Chambers; University of New South Wales), Tanja Domej (University of Zurich), Marcello Gaboardi (Bocconi University Milan), Beate Gsell (Ludwig-Maximilians-Universität Munich; Munich Higher Regional Court), Jutta Gurkmann (Verbraucherzentrale Bundesverband e.V.), Patrick Honegger-Müntener (University of Zurich), Emmanuel Jeuland (University Paris 1 Panthéon-Sorbonne), Remigijus Jokubauskas (Court of Appeal of Lithuania), Georg E. Kodek (Vienna University of Economics and Business), Lene Kohl (Osborne Clarke, Berlin), Petra Leupold (VKI-Academy), Claudia Lima Marques (Federal University of Rio Grande do Sul), Caroline Meller-Hannich (Martin-Luther-University Halle-Wittenberg), Thomas M.J. Möllers (University of Augsburg), Charlotte M.D.S. Pavillon (University of Groningen), Anders Schäfer (Kammeradvokaten/Poul Schmidt, Copenhagen; University of Copenhagen), Amy J. Schmitz (University of Missouri), John Sorabji (Nine St John Street Chambers; University College London), Henrique Sousa Antunes (Catholic University of Portugal), Egidija Tamošiūnienė (Court of Appeal of Lithuania; University of Vilnius), Rüdiger Veil (Ludwig-Maximilians-Universität Munich), Maximilian Weiss (TILP Litigation, Kirchentellinsfurt), Tong Zhang (China University of Political Science and Law).
Professor Dr. Tong Zhang, LL.M. (Frankfurt am Main) from the China University of Political Science and Law contributed the chapter "Enforcing Consumer Law in China". She discusses the Volkswagen emissions scandal's influence on the Chinese market and examines private and public enforcement of Chinese consumer law.
The book is edited by Prof. Dr. Beate Gsell (Ludwig-Maximilians-Universität Munich) and Prof. Dr. Thomas M.J. Möllers (University of Augsburg). It is based on the conference ‘Enforcing Consumer and Capital Market Law in Europe’ held at the University of Augsburg on 23 and 24 May 2019. It is part of the Jean-Monnet Centre of Excellence INspiRE (European Integration – Rule of Law and Enforcement) which aims to bring together several legal spheres from different jurisdictions and to collaborate intradisciplinary across the various areas of the law, focusing the enforcement of law. INspiRE is funded by the Erasmus+ Programme of the European Union. For further publications of this project see: Wollenschläger, Wurmnest and Möllers, Private Enforcement of European Competition and Sate Aid Law – Current Challenges and the Way Forward, 2020.
Intersentia, Cambridge, Antwerp, Chicago, ISBN: 9781780689647