The Analysis of the Case Law of the Court of Justice of Eu on the Unfair Commerical Practices

Pelikánová, Radka MacGregor

doi:10.25142/aak.2019.004

Cited by 4 publications

(9 citation statements)

References 23 publications

(12 reference statements)

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“…Both the concept of sustainability and CSR are outcomes of the belief that businesses, especially large global companies, as powerful economic, social and political actors, should participate in the multi-stakeholder model and be pro-sustainability [40,41]. CSR means the responsibility towards all stakeholders, that is, towards the entire society, while addressing all three sustainability pillars [38] and even fair competition [42][43][44]. Responsibility, as such, has Latin roots, see respondere, and means that someone has to answer for the effects caused by him to an authority and this authority evaluates its damages [1].…”

Section: Theoretical Backgroundmentioning

confidence: 99%

“…The EU motto "united in diversity" neatly fits in with the perception of CSR as a dialogue and interaction between businesses, corporations, and their stakeholders [47] including customers [43] and is reflected by EU policies [48,49], which, so far, lead to only one legal duty regarding CSR for only some subjects-to report about it. Thusly, so far, it is up to the discretion of the businesses how much they will engage with CSR and its six categories, how they use it as competition leverage [44], and inform about it [10]. Some businesses may perceive the commitment to sustainability via CSR as a negative burden generating costs without return, that is, waste, while others can treat CSR as an impulse for improvement in all three spheres of sustainability (economic, environmental, and social), an instrument to improve their own financial performance [50] and a foundation for their marketing [37] and other strategies [51].…”

Section: Theoretical Backgroundmentioning

confidence: 99%

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CSR Statements in International and Czech Luxury Fashion Industry at the Onset and during the COVID-19 Pandemic—Slowing Down the Fast Fashion Business?

2021

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COVID-19 leads to a reinforced need to address sustainability at the economic, environmental, and social pillars, and the six categories of Corporate Social Responsibility (CSR) of businesses, that is, their self-commitment to integrate sustainability in their policies and strategies and to become more effective and efficient. Luxury fashion businesses refer heavily but not identically, to their CSR, by formally issuing CSR reports and Codes of Ethics, and informally voicing their pro-CSR statements. Then, the COVID-19 pandemic hit and brought important changes. This burning issue translates into three objectives in this paper—assessing the CSR statements of International and Czech Luxury Fashion Industry businesses (i) at the onset of the COVID-19 pandemic, (ii) during the COVID-19 pandemic, and (iii) identifying new trends. To address them, a holistic and interdisciplinary case study exploration was performed entailing 10 International Luxury Fashion businesses and 10 Czech Luxury Fashion businesses. The resulting data were explored via Meta-Analysis and content analysis, teleological interpretations, etc. The critical and comparative review revealed six interesting trends indicating a shift in perception of sustainability and CSR caused by COVID-19. The review offers propositions for how the COVID-19 threats could become an opportunity for rebuilding this industry.

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Section: Theoretical Backgroundmentioning

confidence: 99%

Section: Theoretical Backgroundmentioning

confidence: 99%

CSR Statements in International and Czech Luxury Fashion Industry at the Onset and during the COVID-19 Pandemic—Slowing Down the Fast Fashion Business?

2021

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“…Simultaneously, knowledge of a field and the relevant processes that are available includes a set of exogenous predictors indicated by theory, as well as the relative spatial positioning of the observations in the given setting (Bhati, 2005). The common law perspectives with their pragmatic attitudes are matched with continental law perspectives with their theoretical attitude (MacGregor Pelikánová, 2019d).…”

Section: Methodsmentioning

confidence: 99%

“…social dimension, but instead that CSR is about the allencompassing responsibility towards the society, i.e. addressing all three sustainability pillars (Olšanová et al, 2018) and even fair competition (Albu et al, 2013;MacGregor Pelikánová, 2019b, MacGregor Pelikánová, 2019d. Consequently, the CSR principles are a demonstration of moral obligations of the given business towards the entire society, and this goes way beyond the mere concept of profit maximization (Berman et al, 1999).…”

Section: Literature Reviewmentioning

confidence: 99%

The EU Puzzling CSR Regime and the Confused Perception by Ambassadors of Luxury Fashion Businesses: A Case Study from Pařížská

Pelikánová¹,

MacGregor²

2020

CEBR

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Despite a decades-long discussion about corporate social responsibility ("CSR"), there is little known about the evolution and meaning of the EU law on CSR and its perception by various stakeholders. The two objectives of this paper are: (i) assessing the evolution to the current EU law on CSR and (ii) making a case study about the perception of CSR by businesses from the luxury fashion industry supposed to be the leading CSR force, namely their ambassadors -CEOs and employees facing the clientele in Pařížská street in Prague. In order to address these two objectives, holistic and interdisciplinary research of economic, legislative and academic sources as well as a case study, entailing interviews and mystery shopping was performed. The exploration of the yielded data employed Meta-Analysis, content analysis, teleological interpretation, etc. The critical and comparative review of the evolution of the EU law on CSR shows piecemeal trends and a lack of permanent consent. This leads to the fragmentation and ambiguity, which is matched by the findings of the case study. The perception of the EU law on CSR is done differently by various CEOs of luxury fashion businesses, and there is an inconsistency between their attitudes and those of their employees facing the clientele. Such inconsistency undermines the effectiveness and efficiency of the CSR regime and needs to be corrected. 1 Implications for Central European audience: Although the sustainability projected in CSR is critical, the EU law has undergone a complex and fragmented evolution leading to a partially mandatory framework. The understanding and application of such a framework about CSR and its reporting is a challenge. A Central European case study of luxury fashion industry businesses shows piecemeal trends and a lack of consent, and this even among CEOs and frontline employees of the same business. The implication of such an inconsistency is a decrease in the effectiveness and efficiency of the CSR regime, a devaluation of the CSR awareness and the need for corrections.

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“…Undoubtedly the pivotal policy instrument for 2010-2020 for competition, sustainability and even e.g. corporate governance issues in the EU is this very Strategy Europe 2020 (Staníčková, 2017;MacGregor-Pelikánová, 2019a). This policy is translated into a myriad of instruments.…”

Section: Introductionmentioning

confidence: 99%

Shareholder Engagement for Corporate Governance in the Light of the Harmonization and Transposition

Robert¹,

radka²

2019

IJEBA

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Purpose: This comparative study holistically assesses the EU harmonization and various transposition strategies embraced by EU member states to implement measures for corporate governance, namely for the sustainable corporate governance. Design/Methodology/Approach: The contribution and the relevant methodology is based on a duality of purposes. They are (i) on a review and analysis of EU harmonization endeavors designed to shape the exercise of shareholders rights and specifically encouraging a longterm shareholder engagement as the vehicle to increase corporate social responsibility (CSR) and (ii) on a pioneering critical comparative Meta-analysis of selected transposition strategies and their potential to testify about the genuiness of the underlying commitment. Findings: Based on the holistically implied arguments and yielded results, it is proposed that, despite rather clear EU harmonization measures, there are dramatic differences in transposition strategies testifying about deep differences in the approach to corporate governance and CSR across the EU. Practical implications: Based on addressing its dual purposes, this study sheds a new light on the perception and attitude to the corporate governance, shareholder long-term engagement, CSR and their framework in the EU. This leads to a set of recommendations to increase the effectiveness and efficiency of the current harmonization endeavors. Originality/Value: Although this study organically builds upon recent studies about corporate governance and CSR, it brings a pioneering comparative assessment of transposition strategies and an innovative idea to use it as a well founded instrument to understand and appreciate the harmonization potential in this field and to improve it.

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The Analysis of the Case Law of the Court of Justice of Eu on the Unfair Commerical Practices

Cited by 4 publications

References 23 publications

CSR Statements in International and Czech Luxury Fashion Industry at the Onset and during the COVID-19 Pandemic—Slowing Down the Fast Fashion Business?

CSR Statements in International and Czech Luxury Fashion Industry at the Onset and during the COVID-19 Pandemic—Slowing Down the Fast Fashion Business?

The EU Puzzling CSR Regime and the Confused Perception by Ambassadors of Luxury Fashion Businesses: A Case Study from Pařížská

Shareholder Engagement for Corporate Governance in the Light of the Harmonization and Transposition

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