Effective consumer protection requires not only the existence of consumer rights, but also meaningful access to their enforcement. Against this background, this study examines whether collective consumer arbitration can help address existing enforcement deficits. Building on a comprehensive analysis of consumer rights enforcement in Germany, it evaluates the strengths and weaknesses of court-based collective redress mechanisms and compares them with the distinctive features of arbitration. Drawing on comparative insights from the United States and various European jurisdictions, the study develops concrete legislative proposals for the introduction of collective consumer arbitration in Germany.
Global supply chains increasingly raise questions regarding the legal responsibility of companies for human rights violations. Alana Golistani compares civil liability under German and Spanish law. She analyses existing legal bases of liability and the significance of corporate due diligence obligations, and systematic...
This thesis examines the legal remedies available to trade unions against agreements deviating from collective agreements and presents the approaches developed in case law and academic literature. It focuses on the various procedural options available against workplace parties and the opposing bargaining party. The stu...
The study addresses a key issue in international tax practice concerning participations held through transparent partnerships and its implications for withholding tax relief in cross-border group structures. The author analyses the interaction between tax treaty law, EU law and domestic tax law, identifies conceptual i...
The dissertation is intended for researchers, public authorities working in the field of capital markets law, and professionals in the compliance departments of investment firms. A distinctive feature of the work is its use of practical examples to present the abstract regulatory framework in a clear and accessible man...
The book provides a comprehensive guide to the antitrust assessment of climate protection agreements and examines the conditions under which climate objectives can be reconciled with the requirements of competition law. It analyses the opportunities and limits of integrating climate protection into the prohibition of a...
This work examines the litigation strategy — most commonly employed by defendants in mass litigation — of seeking to prevent unfavorable appellate and supreme court rulings due to their anticipated broad impact, within the context of the purposes of civil procedure, particularly the law of appeals. On the one hand, the...
Sven Bomhoff· 0 citations
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