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Consumer Protection Using The Legal Instrument Of Infringement, In Order To Sanction Member States Failure To Fulfill Obligations Of Directive 93/13 Eec On Unfair Terms In Consumer Contracts

Author

Listed:
  • RUXANDRA MALINA PETRESCU-MAG

    (Faculty of Environmental Sciences, Babes-Bolyai University, Cluj-Napoca,Romania)

  • DACINIA CRINA PETRESCU

    (Faculty of Business, Babes-Bolyai University, Cluj-Napoca, Romania)

Abstract

The paper comments on the importance of legal instruments in consumer protection field. We focused on the role of the European Commission, as guardian of European Union (EU) law and policies, which may initiate legal procedures to guarantee compliance with EU legislation. Thus, we analysed the provisions of articles 226-228 of the European Community Treaty, presenting the „infringement procedure”. Furthermore, a law case ended with the penalization of Kingdom of the Netherlands which failed to fulfill its obligations stated in Directive 93/13 EEC on unfair terms in consumer contracts, strengthens the imagine on the efficiency of legal instruments for consumers interests protection.

Suggested Citation

  • Ruxandra Malina Petrescu-Mag & Dacinia Crina Petrescu, 2011. "Consumer Protection Using The Legal Instrument Of Infringement, In Order To Sanction Member States Failure To Fulfill Obligations Of Directive 93/13 Eec On Unfair Terms In Consumer Contracts," JOURNAL STUDIA UNIVERSITATIS BABES-BOLYAI NEGOTIA, Babes-Bolyai University, Faculty of Business.
    • Handle: RePEc:bbn:journl:2011_1_2_petrescu-mag
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    File URL: http://tbs.ubbcluj.ro/RePEc/bbn/journl/Negotia_1_2011.pdf
    File Function: Revised version, 2010
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    More about this item

    Keywords

    consumer; unfair clause; contract; infringement; directive 93/13 EEC.;
    All these keywords.

    JEL classification:

    • D1 - Microeconomics - - Household Behavior
    • D18 - Microeconomics - - Household Behavior - - - Consumer Protection
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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