Enforcing consumer rights through ADR at the detriment of consumer law

Alternative dispute resolution (ADR) is seen by the European legislator as a key instrument for the enforcement of consumer rights. To further ADR, the EU has adopted the ADR Directive, which was to be implemented by the Member States by 9 July 2015. This article shows that the Directive has shortcomings precisely where it is thought to provide solutions to existing problems with ADR. In addition, it is argued that while the current regulation of ADR may further the individual enforcement of EU consumer rights, it may also hinder the development of EU consumer law. To counteract this, it is suggested that a preliminary reference procedure is introduced for ADR entities at either the European or the national level

Crystal Clear? The Transparency Requirement in Unfair Terms Legislation

In this paper, the transparency requirement, regulated in Article 5 UCTD, is discussed. This provision requires traders to draft terms that are to be incorporated into contracts with consumers in plain and intelligible language. The paper discusses the function of the transparency requirement, the different elements, and the consequences of a breach of the requirement: should the contra proferentem rule be applied, is the term lacking transparency unfair, or could it be argued that such term never was incorporated into the contract to begin with? And does it actually matter