Consumption is one of the most influential albeit dynamic economic factors of the 21st
century and therefore the legal rules and norms governing consumers are radically changing
overtime. On European level Directive 1999 44 EC has had a significant impact on the legal
systems of member states since its regulatory framework conflicts with well-established
traditions rooted in the legal history of a country. This book will explore how and where the
directive s norms clash with national law Germany and England and Wales will serve as examples
of two opposite approaches towards its implementation. Furthermore the effects of the
directive s incorporation into these domestic legal systems will be assessed in the light of
the Smart Regulation s normative principles of simplicity and proportionality in order to
determine whether it has improved the position of the consumer or legal certainty has been once
again undermined.
