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Table of Contents
Intro
Preface
The LCF Studies in Commercial and Financial Law
The London Centre for Commercial and Financial Law
Quo vadis Commercial Contract?
Acknowledgements
Contents
List of Contributors
Supply Chain Laws Update: Ethics in Global Commerce Through Contract and Regulation
1 Introduction
1.1 Technology in Commercial Contracts
1.2 Sustainability in Commercial Contracts
2 Sustainability Defined
3 Sustainability in Supply Chains: A Comparative Overview
3.1 Supply Chain Law in the UK
3.2 Swiss Legislative Initiatives
3.3 The New German Supply Chain Legislation of 2021
3.3.1 The Scope
3.3.2 The Duties
3.3.3 No Civil Liability
3.3.4 Dynamic Supervision, Public and Private Enforcement
4 Evaluation
4.1 What Are the Expectations?
4.2 Extraterritoriality
4.3 Legal Certainty and Procedural Guarantees
4.3.1 The Notion of Enterprise
4.3.2 The Definition of the Potential Victims or Complainants
4.4 Direct Application of International Law
4.5 Have Expectations Been Met?
4.5.1 The Campaign Groups
4.5.2 Businesses
4.5.3 Scholarly Position
5 Supply Chain Ethics in Context: Conclusions
5.1 A Patchwork and a Multi-Layered Approach
5.2 Contract vs. Regulation in a Three-Pronged Approach
6 How to Use This Book
References
Part I: Law and Technology
The Role of the Court of Justice of the European Union on the Interpretation of Platform Operators and Business Users ́Contrac...
1 The EU Context on E-commerce and the Platform Economy
2 The Platform Economy
2.1 Introduction
2.2 E-commerce Platforms as Self-regulated Environments on a Contractual Basis
3 The Contract Between the Platform Intermediary and the Business User
3.1 Introduction
3.2 The EU Legislation on Platform to Business Users (P2B) Contracts
3.2.1 The Legislation Before 2019
3.2.2 The 2019 Legislation
4 Regulation 2019/1150 on Unfair Contractual Terms in P2B Contracts
5 The Case Law of the Court of Justice of the EU on P2B Commercial Contracts
5.1 The Intermediary Information Society Services Contract Type
5.1.1 CJEU Case Google et al v Louis Vuitton Malletier SA
5.1.2 LÓréal SA v eBay International AG
5.1.3 Other CJEU Case Law: The Cases Against Amazon and Facebook Ireland
5.2 The Impact of CJEU Case Law on Directive 2000/31/EC: The Proposal for a Digital Services Act (2020)
6 The Second Type of Contract: The Platform as Double Service Provider
6.1 The Uber Case Law
6.1.1 Introduction to the Legal Conundrum
6.1.2 The Uber Cases Before the CJEU
a) The Spanish Case: Case C-434/15, Asociación Profesional Elite Taxi vs. UBER Systems Spain SL
b) The French Case: C-320/16, Criminal Proceedings v UBER France SAS
Preface
The LCF Studies in Commercial and Financial Law
The London Centre for Commercial and Financial Law
Quo vadis Commercial Contract?
Acknowledgements
Contents
List of Contributors
Supply Chain Laws Update: Ethics in Global Commerce Through Contract and Regulation
1 Introduction
1.1 Technology in Commercial Contracts
1.2 Sustainability in Commercial Contracts
2 Sustainability Defined
3 Sustainability in Supply Chains: A Comparative Overview
3.1 Supply Chain Law in the UK
3.2 Swiss Legislative Initiatives
3.3 The New German Supply Chain Legislation of 2021
3.3.1 The Scope
3.3.2 The Duties
3.3.3 No Civil Liability
3.3.4 Dynamic Supervision, Public and Private Enforcement
4 Evaluation
4.1 What Are the Expectations?
4.2 Extraterritoriality
4.3 Legal Certainty and Procedural Guarantees
4.3.1 The Notion of Enterprise
4.3.2 The Definition of the Potential Victims or Complainants
4.4 Direct Application of International Law
4.5 Have Expectations Been Met?
4.5.1 The Campaign Groups
4.5.2 Businesses
4.5.3 Scholarly Position
5 Supply Chain Ethics in Context: Conclusions
5.1 A Patchwork and a Multi-Layered Approach
5.2 Contract vs. Regulation in a Three-Pronged Approach
6 How to Use This Book
References
Part I: Law and Technology
The Role of the Court of Justice of the European Union on the Interpretation of Platform Operators and Business Users ́Contrac...
1 The EU Context on E-commerce and the Platform Economy
2 The Platform Economy
2.1 Introduction
2.2 E-commerce Platforms as Self-regulated Environments on a Contractual Basis
3 The Contract Between the Platform Intermediary and the Business User
3.1 Introduction
3.2 The EU Legislation on Platform to Business Users (P2B) Contracts
3.2.1 The Legislation Before 2019
3.2.2 The 2019 Legislation
4 Regulation 2019/1150 on Unfair Contractual Terms in P2B Contracts
5 The Case Law of the Court of Justice of the EU on P2B Commercial Contracts
5.1 The Intermediary Information Society Services Contract Type
5.1.1 CJEU Case Google et al v Louis Vuitton Malletier SA
5.1.2 LÓréal SA v eBay International AG
5.1.3 Other CJEU Case Law: The Cases Against Amazon and Facebook Ireland
5.2 The Impact of CJEU Case Law on Directive 2000/31/EC: The Proposal for a Digital Services Act (2020)
6 The Second Type of Contract: The Platform as Double Service Provider
6.1 The Uber Case Law
6.1.1 Introduction to the Legal Conundrum
6.1.2 The Uber Cases Before the CJEU
a) The Spanish Case: Case C-434/15, Asociación Profesional Elite Taxi vs. UBER Systems Spain SL
b) The French Case: C-320/16, Criminal Proceedings v UBER France SAS