European Standardisation of Services and its Impact on Private Law: Paradoxes of Convergence

With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made.

This book focusses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors.

The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

1. Context and Methodology

I. The Context: European Regulatory Private Law

II. Methodology

III. The Structure of the Book

2. Convergence in Private Law, European Standardisation and Free Movement of Services

I. Convergence in Private Law: The Context of the Discussion

II. Convergence in Private Law Through European Standardisation

III. The Regulation of Services by the EU, Its Impact on Private Law and the Role of European Standardisation

IV. A Preliminary Conclusion

3. The Legal Framework for European Standardisation of Services and the Role of Private Law

I. The European Legal Framework for Standardisation of Services

II. European Standardisation of Services and Private Law

III. European Standardisation and Legitimacy

IV. The Perspectives of Some Key Players in European Standardisation of Services

V. A Preliminary Conclusion

4. European Standardisation of Healthcare Services

I. The Interaction Between EU Law and Healthcare Services

II. The Regulation of Healthcare Services at the National Level and the Role of Private Law

III. Three Case Studies on European Standardisation of Healthcare Services

IV. The Interaction Between European Standardisation and Healthcare Services

V. A Preliminary Conclusion

5. European Standardisation of Tourism Services

I. The Interaction Between EU Law and Tourism Services

II. The Regulation of Tourism Services at the National Level and the Role of Private Law

III. Two Case Studies on European Standardisation of Tourism Services

IV. The Interaction Between European Standardisation and Tourism Services

V. A Preliminary Conclusion

6. The Application of European Standards in Contract Law and Tort Law and the Role of The Unfair Contract Terms Directive

I. From the Making of European Services Standards to their Application in Private Law

II. European Standards in Contract Law

III. European Standards in Tort

IV. European Standards and the Unfair Contract Terms Directive

V. A Preliminary Conclusion

7. The Application of European Standards in Free Movement Law and Competition Law

I. From the Application of European Standards to their Review

II. European Standards in Free Movement Law

III. European Standards in Competition Law

IV. A Preliminary Conclusion

8. Paradoxes of Convergence

I. Returning to the Theme of Convergence

II. European Standardisation and Services

III. European Standardisation and Private Law

IV. Paradoxes of Convergence