Book contents
- Forntmatter
- Foreword
- Acknowledgements
- Contents
- List of Cases
- Chapter 1 Article 47 in Unfair Terms Cases: Unchart(er)ed Territory
- Chapter 2 Analytical Framework: Normative Content, Scopeand Functions Ascribed to Article 47
- Chapter 3 Case Law of the Court of Justice on Article 47and the UCTD
- Chapter 4 Article 47 in Unfair Terms Cases in Spain
- Chapter 5 Article 47 in Unfair Terms Cases in the Netherlands
- Chapter 6 Conclusion: The Many Colours of Article 47
- Bibliography
- Index
- About the Author
Foreword
Published online by Cambridge University Press: 19 November 2022
- Forntmatter
- Foreword
- Acknowledgements
- Contents
- List of Cases
- Chapter 1 Article 47 in Unfair Terms Cases: Unchart(er)ed Territory
- Chapter 2 Analytical Framework: Normative Content, Scopeand Functions Ascribed to Article 47
- Chapter 3 Case Law of the Court of Justice on Article 47and the UCTD
- Chapter 4 Article 47 in Unfair Terms Cases in Spain
- Chapter 5 Article 47 in Unfair Terms Cases in the Netherlands
- Chapter 6 Conclusion: The Many Colours of Article 47
- Bibliography
- Index
- About the Author
Summary
Justice for Both was the title of Anna van Duin's PhD thesis, which formed the basis for this monograph. Remindful of Eleanor Roosevelt's words, which are cited at the end of the concluding chapter, Anna's study of effective judicial protection in contractual relations between consumers and businesses aims to do justice to boThsides. Anna's book provides a first comprehensive study of the manner in which the right to an effective remedy before a court, as laid down in Article 47 of the EU Charter of Fundamental Rights, affects the assessment of standard terms in consumer contracts. Based on a careful analysis of the case law of the Court of Justice of the European Union within the framework of the Unfair Contract Terms Directive, in combination with the comparison of Spanish and Dutch law on the subject, this book presents an insightful taxonomy of the functions that Article 47 of the Charter does and can fulfil in private law adjudication in Europe.
It is an honour for me to introduce Anna's work to a broader audience. As a supervisor of her research, together with Dr Joasia Luzak (University of Exeter), it was a pleasure to witness the development of Anna's thoughts on the role and functions of Article 47 of the Charter in the realm of private law. Her PhD research at the University of Amsterdam formed part of my project ‘Judges in Utopia’, funded by the Dutch Research Council (NWO Vidi 2014–2019). With a background of six years in legal practice and a keen interest in academic research, Anna was the ideal candidate for conducting a study encompassing both procedural and substantive aspects of effective protection of EU rights before national courts. Moreover, her fluency in Spanish allowed her to include an exploration of the national context of some of the most influential case law in the field, such as the well-known Aziz judgment. The comparison with Dutch law resulted in new insights into the national environments in which rights under EU law are sought to be effectuated. The outstanding nature of Anna's work was confirmed by the cum laude evaluation that she received at the occasion of her PhD defence on 23 October 2020 from a committee composed of experts in the field: Prof. Esther Arroyo Amayuelas (Professor of Civil Law at the University of Barcelona), Prof.
- Type
- Chapter
- Information
- Effective Judicial Protection in Consumer LitigationArticle 47 of the EU Charter in Practice, pp. v - viiiPublisher: IntersentiaPrint publication year: 2022