Exploring Law Enforcement Mechanisms

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26 Questions

Which type of contract does the Consumer Warranty Act (VGG) apply to?

B2C contracts

What are the two types of requirements for goods to be in conformity with the contract?

Subjective requirements and objective requirements

What do the 'objective requirements' for goods being in conformity with the contract include?

The goods being fit for the purposes they are normally used for

Which entities have the right to file an action for injunctive relief under the UWG?

Both the Austrian Chamber of Commerce and the Verein für Konsumenteninformation

What can an injunction result in for an infringement?

All of the above

What is the purpose of a warning notice (Abmahnung) in the context of an infringement?

To request the infringing business to sign a declaration to cease and desist

Which type of enforcement is dominant in criminal law?

Public enforcement

What type of enforcement do most infringements of IP rights or competition offences fall under?

Private enforcement

Which type of enforcement is dominant in public security law, tax law, and social security law?

Public enforcement

What type of enforcement is established practice in telecommunications law?

Public enforcement

Who is liable for any lack of conformity that existed at the time of delivery?

The seller

What is the duration of the warranty period?

Two years

When can a consumer choose to have the price reduced or claim their money back?

Only if the business refuses to comply with primary remedies

In the event of termination, what must the consumer do?

Return the goods to the seller

Which law focuses on the requirement of full transparency of terms and conditions applied by a platform provider to business users?

P2B Regulation

What does competition law prohibit in relation to a dominant market position?

Selling at artificially high prices

Which piece of EU legislation deals specifically with practices of 'gatekeepers' among platforms that limit contestability or are unfair?

Digital Markets Act

What is the aim of the Digital Markets Act in complementing existing competition rules?

To minimize unfair practices ex ante

According to the P2B Regulation, what does it aim to ensure for business users of online intermediation services?

Transparency, fairness, and effective redress possibilities

What are the conditions for platform operators to be held liable for their users' activities according to the ECG?

Having actual knowledge of illegal content

What is the purpose of the notice-and-take-down principle?

To remove or disable access to illegal content

What additional requirements and safeguards does the Audiovisual Media Services Act provide for 'video sharing platforms'?

Protection against de-listing and dimming

Which of the following is a concurring remedy for B2C contracts covered by the VGG?

All of the above

Who may be liable for defective products that have caused death, personal injury, or property damage?

Both the seller and the producer

Under what circumstances can a commercial buyer enforce rights under warranty law?

All of the above

What are the general duties of platform operators in a free and vibrant online society and economy?

To take on responsibilities for specific requirements and mandatory consumer rights

Test your knowledge on the different mechanisms of law enforcement with this quiz. Explore the concepts of public enforcement, private enforcement, and other forms of enforcement. Gain a better understanding of the importance of maintaining a balance between law and its enforcement for a strong rule of law.

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