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Humboldt-Universität zu Berlin - Prof Dr Susanne Augenhofer

Summer term 2013

 

Specialization 3: Civil Legal Advice and Lawmaking – obligatory chosen part and Specialization 4;

Subspecialization 4b: Market and Contract Law and 4c: Company and Corporate Law

 

European Consumer Law

Course (2 SP) - four-day course from 23 to 24 May and from 30 to 31 May 2014

 

Friday, 23 May 2014 - 13:00 to 19:00

Saturday, 24 May 2014 - 10:00 to 16:00

Friday, 30 May 2014 - 13:00 to 19:00

Saturday, 31 May 2014 - 10:00 to 16:00

 

The course focuses on European consumer law. The various consumer protection directives and regulations will be discussed, and their interpretation by the ECJ will be analysed. The lecture will also refer to the implementation of these directives and regulations into German law. The current developments in European consumer law will be considered (in particular the Consumer Rights Directive and the Draft for a Common European Sales Law) and the problems linked to the enforcement of consumer protection provisions will be outlined.

International students are welcome!

 

Location: room BE 1, 139a

Reading: During the introductory session on 24 April 2014 at 16.00 in room UL 9, 213, a handout with a reading list will be distributed, and further readings will be communicated at the beginning of the course.

 

Additional Lectures

 

10 516 Issues in Commercial Law from a Comparative Perspective: Consumer Protection and Antitrust Law in the 21st Century (English)

Seminar (2 SP)

The seminar is held in co-operation with the Haim Striks School of Law – the College of 
Management Academic Studies (Rishon LeZion, Israel). The course will be held in English and will consist of two parts: a workshop in Berlin (3 June to 7 June 2013) and a study trip to Rishon LeZion (28 July to 31 July 2013, provided that the Federal Ministry of Foreign Affairs has not issued a travel warning). Each topic of the seminar will be discussed in a comparative manner by one student from the HU and by one student from the Haim Striks School of Law. The main focus will be on German/EU law as well as Israeli/US law. The seminar is aimed at advanced students, who have already completed their German „Schwerpunktbereichsstudium“ or who have a sufficient level of prior knowledge in consumer and competition law. An interest in comparative law is also a prerequisite. Ph.D. students may also apply. Due to organizational issues, the number of participants is limited. If you are interested, you may submit a letter of motivation, your CV as well as your transcript of record to Prof. Dr. Augenhofer (sekretariat.augenhofer@rewi.hu-berlin.de) by no later than 4 January 2013.

 

Potential candidates will be invited to take part in a selection interview, which will take place at the end of January, during which seminal texts on consumer, competition and comparative law will be discussed. The final allocation of places will be based on candidates’ performance during these discussions.
Exam: BZQ I: Presentation

 

Consumer Law in Practice

lecture series (2 SP) - weekly, Wednesdays from 18:00 to 20:00

The lecture series offers practical insights into selected fields of consumer law, and involves experienced practitioners from law firms and consumer associations. It will cover not only substantive law, but also procedural law; alternative dispute resolution will also be discussed. This lecture series complements the European Consumer Law lecture.

 

Location: room BE1, 140/142

Remark: The attendance at both lectures on consumer law is a prerequisite for participation in the Humboldt Consumer Law Clinic.

 

10 809 Legal Problems in European Unfair Competition Law

seminar on 12 June 2013 from 9:00 to 14:00, room BE 1, 326

 

Dr. Monika Namysłowska from the University Lodz in Poland is holding a seminar. Following topics are dealt with:

1. European Unfair Competition Law in the area B2C and B2B 

  • Directive 84/450/EG concerning misleading and comparative advertising and its influence on todays and future  legal status
  • analysis of selected CJEU cases on comparative advertising

2. European Unfair Competition Law in the area B2C 

  • Directive 2005/29/EG concerning unfair commercial practices and its relevance on consumer protection 
  • analysis of selected CJEU cases on the Black List of unfair commercial practices.

 

Material:

  • Directive 84/450/EC
  • Directive 97/55/EC
  • Directive 2006/114/EG
  • Directive 2005/29/EC
  • CJEU, 25.10.2001 – C-112/99 Toshiba Europe, Slg. 2001, I-07945
  • CJEU, 19.9.2006 – C-356/04 Lidl Belgium, Slg. 2006, I-08501
  • CJEU, 14.1.2010 - C-304/08 Plus Warenhandelsgesellschaft, Slg. 2010, I-00217
  • CJEU, 18.10.2012 – C‑428/11 Purely Creative a.f., Slg. 2012, I-nnv
  • CJEU, 17.1.2013 - C-206/11 Köck, Slg. 2012, I-nnv
  • preliminary question in C-391/12 RLvS ABl. C 343 from 10.11.2012, S. 7 with BGH, 19.07.2012 - I ZR 2/11