Welcome
to the NOVA Consumer Lab newsletter.
The
newsletter includes all the latest news from our centreand relevant information
on consumption and consumer law in Portugal, Europe and the world.
The
NOVA Consumer Lab researcher Jorge Morais Carvalho was interviewed by
ManuelCarvalho for the P24 Podcast published on 7 January 2025. The episode was
dedicated to the“Elon Musk case: consumers in the fight against threats to
democracy”. You can listen to ithere.
PARTICIPATION
IN RESEARCH CENTER EXHIBITION
The
NOVA Consumer Lab was present at the exhibition of knowledge centres of CEDIS
andNOVA School of Law.
January
2025
NOVA
CONSUMER LAB NEWSLETTER
PARTICIPATION
IN CONFERENCE
Researcher
and Professor Fabrizio Esposito gave the first permanent workshop of LisbonLegal
Theory by the Lisbon Public Law Research Center, on the topic of the “The
Efficiency-Fairness Rosetta Stone: Consumer Sovereignty as Commutatitve
Justice”.
NOVA Consumer Podcast
o
January 2025
NOVA
CONSUMER LAB NEWSLETTER
CONSUMER
LAW NEWS
CJEU
in Qatar Airways (C-516/23) - 16 January -
Link.1. The first alternative of the first sentence of Article 3(3) of
Regulation (EC) No 261/2004 of theEuropean Parliament and of the Council of 11
February 2004 establishing common rules oncompensation and assistance to
passengers in the event of denied boarding and ofcancellation or long delay of
flights, and repealing Regulation (EEC) No 295/91, must beinterpreted as
meaning that a passenger does not travel free of charge, within the meaning
ofthat provision, where, in order to make his or her reservation, that
passenger had to pay only airtransport taxes and charges.2. The second
alternative of the first sentence of Article 3(3) of Regulation No 261/2004
must beinterpreted as meaning that a passenger does not travel at a reduced
fare not available directlyor indirectly to the public, within the meaning of
that provision, where that passenger reservedhis or her ticket in the context
of a promotional campaign which was limited in time and interms of the quantity
of tickets offered and which was aimed at a specified professionalcategory.3.
Article 8(1)(c) of Regulation No 261/2004 must be interpreted as not requiring,
for thepurposes of its application, the existence of a temporal link between
the cancelled flight andthe re-routing flight desired by a passenger, since
such re-routing to the final destination maybe requested under comparable
transport conditions at a later date, subject to availability ofseats.
CJEU
in Flightright (Compte de fidélité) (C-642/23) - 16 January - LinkArticle
8(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the
Council of11 February 2004 establishing common rules on compensation and
assistance to passengers inthe event of denied boarding and of cancellation or
long delay of flights, and repealingRegulation (EEC) No 295/91, read in
conjunction with Article 7(3) of Regulation No 261/2004,must be interpreted as
meaning that, in the event of cancellation of a flight by the operating
aircarrier, a passenger is not to be deemed to have given his or her ‘signed
agreement’ toreimbursement of the cost of the ticket in the form of travel
vouchers where he or she has setup, on that carrier’s website, a loyalty
account to which those vouchers were to be transferred,without having
confirmed, by his or her express, definitive and unequivocal acceptance, his
orher agreement to that method of reimbursement.
January
2025
NOVA
CONSUMER LAB NEWSLETTER
CONSUMER
LAW NEWS
CJEU
in NEW Niederrhein Energie und Wasser (C-518/23) - 23 January - Link.Article 7(1) and (4)(c) of Directive
2005/29/EC of the European Parliament and of the Council of11 May 2005
concerning unfair business-to-consumer commercial practices in the
internalmarket and amending Council Directive 84/450/EEC, Directives 97/7/EC,
98/27/EC and2002/65/EC of the European Parliament and of the Council and
Regulation (EC) No 2006/2004of the European Parliament and of the Council
(‘Unfair Commercial Practices Directive’) mustbe interpreted as meaning that,
in the case of an invitation to purchase made by means of anonline commercial
communication, the information relating to the manner in which the priceis
calculated must not necessarily contain the specific percentage of a component
which mayvary, such as the compensatory amount applied by the electricity
supplier to the consumerconcerned, with the result that the latter, once he or
she knows his or her electricityconsumption, can calculate that price
independently, provided that that communicationindicates the applicability in
principle of such a percentage, together with a possible scale andthe
components having an impact on that percentage, thus enabling the average
consumer tomake an informed transactional decision.
CJEU
in Slovenská sporitelna (Informations dans les contrats de crédit aux
consommateurs) (C-677/23) - 23 January - Link1. Article 10(2)(c) of Directive
2008/48/EC of the European Parliament and of the Council of 23April 2008 on
credit agreements for consumers and repealing Council Directive 87/102/EEC,
asamended by Commission Directive 2011/90/EU of 14 November 2011, must be
interpreted asmeaning that a credit agreement need not necessarily specify the
duration of that agreementexpressly, provided that the terms of that agreement
enable the consumer to determine thatduration without difficulty and with
certainty.2. Article 10(2)(g) of Directive 2008/48, as amended by Directive
2011/90, must be interpreted asmeaning that the assumptions used in order to
calculate the annual percentage rate of charge(APRC) must be expressly identified
in the credit agreement and that it is not sufficient in thatregard that the
consumer may himself or herself identify them by examining the terms of
thatagreement.
January
2025
NOVA
CONSUMER LAB NEWSLETTER
CALL
FOR PAPERS
SLS
Conference 2025 | University of Leeds
The
2025 Society of Legal Scholars’ annual conference will beheld at the University
of Leeds, from Tuesday 2 to Thursday 4September and will be an in person event.
Consumer Law willbe one of the topics of Section A, taking place on Tuesday 2
&Wednesday 3 September. Call for Papers: submit your paperabstract or panel
(maximum of 3 speakers) details by 11:59pmUK time on Friday 4 April 2025. More
informations here.
EuCML
Award for the Best Paper on European Consumer and Market Law
More
informations on the Call and Award Conference on 19 September 2025 here.
STARTING
SOON
We
can also suggest the following courses, to some extent related to consumer law
and startingsoon:
Cursos
Jurisnova da Energia e do DigitalPost-graduate course Law in the Digital
Transaition. E-course on the Legal Framework for Electric Mobility
The
second edition of the Postgraduate Course inConsumer Law (in Portuguese) starts
in September 2025.You can find all the information here.
FEATURED
WEBPAGE OF THE MONTH
On
this website you can find a great deal of up-to-date information on EU law,
includingcomments on the case law and legislation on consumer law. This website
is a must for anyonewho wants to keep up to date with EU consumer law.
