Éditorial 465 Grexit et Brexit ou les dangers de l’oubli par Florence Chaltiel Droit des consommateurs 468 La publicité trompeuse à la lumière de la jurisprudence de la CJUE par Javier Lete 473 La transposition de l’article 5 de la directive n ° 93/ 13/ CEE : les apports du droit belge et du droit français par Benjamin Vincendeau 479 L’article 28 de la directive 2014/ 17 : conséquences du défaut de paiement du consommateur dans le prêt immobilier par Teresa Alonso- Pérez Non- discrimination 483 Le principe de non- discrimination dans l’Union européenne – Propos introductifs par Laura Preud’homme 484 L’Union européenne et l’unification des certifications professionnelles européennes : vers une plus grande mobilité intracommunautaire par Pierre- François Tallet 489 Fondements et enseignements de la crise de la zone euro par Jean- Pierre Matière Environnement 507 L’épandage aérien de pesticides dans les cultures de bananes : les citoyens protecteurs du droit de l’Union européenne par Pierre- Yves Chicot Aides d’État 523 La garantie de l’État en faveur des EPIC : une aide d’État illicite, mais pas rédhibitoire – À propos de l’arrêt de la CJUE du 3 avr. 2014 par Pierre Bourdon Digest MISLEADING ADVERTISING IN LIGHT OF THE EUCJ par Javier Lete p. 468 The objective of the directive n º 2005/ 29/ EC of 11 May 2005 concerning unfair commercial practices is to harmonie the laws of the Member States on unfair commercial practices aimed at influencing the decisions of consumers with regard to products and taking infringement of their economic interests. The Directive aims to ensure a high level of consumer protection in the European Union. It is a Directive of full harmonisation that does not allow Member States any margin of evaluation for transposing its measures. One novelty of the Directive 2005/ 29 rests on the fact that it has replaced the notion of misleading advertising for that of misleadig practice which is a general clause closely linked to the definition of misleading ad-vertising already included in the Directive 84/ 450. The ECJ has started to clarify the criteria of a commercial practice in order to be qualified as misleading. THE TRANSPOSITION OF ARTICLE 5 OF DIRECTIVE N ° 93/ 13/ EEC: THE CONTRIBUTIONS OF BELGIAN LAW AND OF FRENCH LAW par Benjamin Vincendeau p. 473 In Europe, the economic and legal interests of consumers are protected by the application of many provisions. Article 5 of directive n ° 93/ 13/ EEC relating to abusive clauses illustrates that by setting the principle of interpretation in favour of the consumer when the clause writ-ten by the professional is not very clear and understandable. Though the interpretation in fa-vorem set up by article 5 of directive 93/ 13/ EEC seems to cause no understanding issue, its scope can be debated. Thus through a compared law analysis of Belgian law and French law, the duties of the professional and the role of the domestic judge in the interpretation of such provisions will be reviewed. ARTICLE 28 OF DIRECTIVE 2014/ 17: CONSEQUENCES OF CONSUMER’S PAYMENT DEFAULTS ON THE REAL ESTATE LOAN par Teresa Alonso- Pérez p. 479 Article 28 of Directive 2014/ 17 regulates the consequences of the outstanding of a credit agreement for consumers relating to residential immovable property. This article disposes that the Member States shall adopt measures to encourage creditors to exercise reasonable forbearance before foreclosure proceedings are initiated. Spanish Civil Procedure Law was amended and it is not possible to run the mortgages before the default reaches three months or its equivalent amount. The article 28 of Directive 2014/ 17 also says that the Member States may allow creditors to impose additional charges on the consumer in the event of default ; they shall place a cap on those charges. If the law sets this amount, the clause that violates this limit can’t be regarded as unfair. That clause shall be illicit and it must be taken into account that it is a penalty clause and if it is excessive, can be moderated by a Judge. THE EUROPEAN UNION AND THE UNIFICATION OF EUROPEAN TRADE CERTIFICATIONS: TOWARDS GREATER COMMUNITY MOBILITY par Pierre- François Tallet p. 484 France has acquired a national framework for trade certifications ( the National Director of Trade Certifications) and the law maker entrusted the national Commission of Trade Certi-fication ( CNCP) during the social modernisation Act with establishing and updating the said Digest Director. That commission, due to its internal composition, allows to guarantee balance ex-ternal control and is a quality criterion at national level. Therefor the CNCP was designated as point of reference for the European certification framework. This study wonders about the means implemented by the European Union to reduce qualification differences between member countries as well as on the merging of regulated trades with a view to reducing dis-criminations as much as possible in that area. BASIS AND LESSONS OF THE EURO ZONE CRISIS par Jean- Pierre Matière p. 489 The consequences of the financial shock of 2008 showed the weakness of the euro zone, which remains in a crisis. Conjunctural reasons are not enough to explain it. That crisis is in-deed closely related to the creation of that zone and is therefore of a structural nature. Thus the concept of optimum monetary zone, the analysis of the European policy mix, and the concept of normal economic convergence allow to show how the euro zone works as a ma-chine to create economic unevenness between tis members, nourishing and amplifying the external and budget balances of some of them, and how the successive enlargement of that monetary space helped increase those phenonemons and the difficulty of their management. Therefore a number of lessons need to be learned from that euro zone crisis, which lasts, by wondering about technical, institutional and political institutions, which could help reduce, if not solve, the acuteness thereof. AERIAL PESTICIDE SPREADING IN BANANA CULTURES: CITIZENS PROTECTING EUROPEAN LAW par Pierre- Yves Chicot p. 507 Aerial spreading related to the safety first principle encourages us to take into considering the law of the European Union. The aerial spreading of pesticides is the subject of a directive that regulates the use thereof, as it involves risks of seriously affecting the environment. The pur-pose is both to give priority to the protection of the right to a sound environment, but also to handle a high importance public health issue. Aerial pesticide spreading is all the more dan-gerous in terms of health- affecting consequences since public places are particularly vulne-rable due to the drift of airborne harmful substances. To close the door once and for all to ex-ceptions, environment protection associations in the Indies will fight on several fronts : the media front, the front of the public opinion, and in court. By going to court, the citizen seeks to have his vision prevail and becomes a party to the act of writing the environment law. THE STATE’S GUARANTEE OF EPICS: ILLEGAL BUT NOT UNACCEPTABLE STATE AID ( ABOUT HE EUCJ RULING DATED APRIL 3, 2014) par Pierre Bourdon p. 523 The French Republic vs European commission ruling handed down by the Court of Justice of the European Union on April 3, 2014 provides useful clarification of the compatibility of the status of public establishments regarding competition law. The Union’s courts confirmed the existence of an implicit and unlimited guarantee of the State towards its public establish-ments, in this case the Post in this instance. The Court also agreed that such a guarantee pre-sume the existence of an illegal State aid in favour of public industrial and commercial com-panies. However, the French Republic vs European commission ruling does not necessarily imply the disappearance of those public companies.
