News

Federico Della Negra, “The uncertain development of the case law on consumer protection in mortgage enforcement proceedings: Sánchez Morcillo and Kušionová”, Common Market Law Review (2015) 52, 1009-1032
Barend van Leeuwen: ‘Private Regulation and Public Responsibility in the Internal Market’, (2014) Yearbook of European Law (Advance Access online) [The full paper]
Barend van Leeuwen has just published the article “PIP Breast Implants, the EU’s New Approach for Goods and Market Surveillance by Notified Bodies” in the new edition of the European Journal of Risk Regulation ( (2014) 3 European Journal of Risk Regulation 338).With the New Approach for goods, the EU has created a regulatory framework for placing products on the market in which both public and private parties have an important role to play. The various cases which have been brought after the PIP breast implants scandal show the difficulties with trying to link this ex ante regulatory framework to potential liability for defective products. National courts have reached different conclusions about the scope of the obligations of certification bodies in the New Approach. Since these issues are about the foundations of the construction of the New Approach, it would be desirable for the ECJ, and perhaps even for the European legislator, to get involved. [The full article]
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