Humboldt Consumer Law Clinic

Your Case for the HCLC!

The HCLC will accept new cases from September 2017 onwards. Information on how to submit your case, is provided.

 

 


 

 


 

"Consumers in the Digital Market" – Farewell Celebration of the Humboldt Consumer Law Clinic 2016

 

On Thursday, 21 April 2016, the farewell celebration of the current year of the Humboldt Consumer Law Clinic took place on the subject of “Consumers in the Digital Market”. In their presentation Professor Christiane Wendehorst (University of Vienna) and Professor Marco Loos (University of Amsterdam) focused on different aspects of the European Commission’s Strategy for the Digital Internal market.

 

Professor Michael Kämper-van den Boogaart (Vice President for Academic and International Affairs of Humboldt University Berlin) gave a welcome speech.

 

Professor Marco Loos held a presentation on the topic „Remedies for non-conformity of digital content“. He gave an overview of the proposal for a directive regulating certain aspects of the supply of digital content, followed by an outline of the clear rules of conformity in the proposal. Professor Loos presented the numerous remedies the proposal states in the case that digital content does not conform to the contract. Professor Loos highlighted that the proposal can be seen as well-developed but it still requires further clarification. Based on this analysis he discussed several open questions, for example related to the burden of proof, the legal consequences of termination of the contract or the question whether  claim for damages should only be awarded in case of economic damages. In conclusion, Professor Loos highlighted the need for improvement concerning the remedies in the case that digital content does not conform to the contract.

 

Professor Christiane Wendehorst focused on „Goods and digital content in the 21st century – two worlds apart? A critical evaluation of the Commission’s contract law strategy for the Digital Single Market“ in her presentation. She outlined the two proposals for directives in the field of contract law published on 9 December 2015 by the European Commission, one on the supply of digital content and the other on the sale of tangible goods. Despite of their similarities Professor Wendehorst stated that the sale of tangible goods and the supply of digital content are submitted to two different regimes. With numerous examples she highlighted the difficulties concerning the distinction between the tangible and digital world. The problems of demarcation are substantial because goods in the digital age are often hybrid products, consisting of tangible substance, of digital content that is stored on the device and of digital content that is provided online within long-term framework relationships. In the near future, a major part of consumer goods will be embedded with digital content and network connectivity. Prof. Wendehorst  pointed out conclusively that the split regime proposed by the European Commission is an important first step in order to deal with new legal aspects of the digital world. Nevertheless it does not state clear and convincing criteria for the submission to the one or the other regime and leaves space for improvement

 

The presentations were followed by a vivid and interesting discussion.

 

Finally, the participants of the 4th year of the Humboldt Consumer Law Clinic were honored and received their certificates from Professor Kämper-van den Boogaart, Vice President for Academic and International Affairs of Humboldt University Berlin.

 

 


2014 - Graduation of the second year of the HCLC

On 12 February 2014, the HCLC could successfully complete the second year and bid  the participants farewell in a festive graduation ceremony. The teams presented the cases they had been working on during the year and received their certificates of attendance from the Dean of the Law Faculty and the co-organisator of the HCLC, Prof. Dr. Reinhard Singer. We would like to thank all participants and their supervisors for a great second year!

In the second year, 14 dedicated students could advise consumer in 22 different cases free of charge.

 

(Group picture of the participants with their supervisors and Prof. Dr. Singer, Dean of the Law

Faculty and Co-Organisator of the HCLC)

 

2013 - First Anniversary of the HCLC

On 22 February 2013, on the occasion of the conference "Die Umsetzung der Verbraucherrechte-Richtlinie sowie 1 Jahr Humboldt Consumer Law Clinic" (The implementation of the Consumer Rights Directive and one year of Humboldt Consumer Law Clinic) the Humboldt Consumer Law Clinic celebrated its first anniversary.

 

(Group picture with the participating students as well as Prof. Dr. Augenhofer, Prof. Dr. Kämper-van den

Boogaart and Prof. Dr. Singer)

 


 

 


 

What is a law Clinic?

The idea of Law Clinics was developed in the Anglo-American legal tradition. Legal faculties of renowned universities offer clinics which deal with various legal issues. Through this medium, students get the opportunity to work on specific cases and gain practical experience already during theier studies. The Consumer Law Clinic of the HU Berlin is the first German Law Clinic to focus on consumer law.

How does the Humboldt Consumer Law Clinic work?

In preparation for client-counselling, advanced courses are offered to students during the summer term.

During the following winter term the students are divided into two-person teams. Each team then works on cases under the supervision of the professors or legal practitioners. Due to the nature of the Clinic, only cases with claims below €750 may be accepted.

Who may participate?

The HCLC is primarily intended for participants majoring in 3, 4a and 4b. During the summer term the “consumer law” course and “consumer law in practice” lecture series, which are organised in co-operation with legal practitioners, are offered. These courses are aimed at preparing the students for their work at the Consumer Law Clinic, and can be selected as subjects for the major exam. Client counseling during the winter semester can be credited for BZQ-I.

 

Contact

 

Prof. Dr. Susanne Augenhofer, LL.M. (Yale)

Lehrstuhl für Bürgerliches Recht, Europäisches Privatrecht, Rechtsvergleichung sowie Marktregulierung durch Verbraucher- und Wettbewerbsrecht
Unter den Linden 6
D-10099 Berlin

E-Mail: susanne.augenhofer@rewi.hu-berlin.de

 

Prof. Dr. Reinhard Singer

Lehrstuhl für Bürgerliches Recht, Arbeitsrecht, Anwaltsrecht, Familienrecht und Rechtssoziologie
Unter den Linden 6
D-10099 Berlin

E-Mail: reinhard.singer@rewi.hu-berlin.de