Synopsis
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.
About the Author
Prof. Dr. Beate Gsell holds the Chair of Civil Law, Civil Procedure, European Private Law and Procedure at the Ludwig-Maximilians-Universitt Munich (LMU), Germany. She is also a Judge at the Munich Higher Regional Court (OLG Mnchen) and member of the management board of the Munich Center for Dispute Resolution (MuCDR). She was appointed a permanent member of the Jean-Monnet-Centre of Excellence on European Integration (INspiRE) at the University of Augsburg. Her research focuses on the system of civil law and its doctrinal coherence including the specific methodological challenges of the multi-level system within the European Union. Within this field, she is particularly interested in the areas of the law of obligations as well as consumer law. Her research is also concerned with (European) civil procedural law, with a particular focus on the enforcement of consumer rights and consumer redress.Prof. Dr. Thomas M.J. Mllers holds the Chair of Civil Law, Commercial Law, European Law, International Private Law and Comparative Law, Jean-Monnet-Chair ad personam at the University of Augsburg, Germany. He is the coordinator of the EU-funded Jean-Monnet-Centre of Excellence on European Integration - Rule of Law and Enforcement (INspiRE) and founder of Caplaw, a database on German and European Economic Law (www.caplaw.eu). He is Managing Director of the Augsburg Centre for European Legal Studies (CELOS). His research focuses on European law and European economic law. Through an intradisciplinary approach at the interface between (European) contract and tort law, capital markets law and company law, he contributes to new insights to improve law enforcement. Within this framework, his current research focuses in particular on questions of legal methods.
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