European Fair Trading Law: The Unfair Commercial Practices DirectiveThe Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive. |
Contents
MINIMUMMAXIMUM HARMONISATION AND THE INTERNAL MARKET | |
SCOPE OF THE DIRECTIVE | |
THE GENERAL CLAUSE ON UNFAIR PRACTICES | |
h Relationship of the General Clause and the Special Provisions | |
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Common terms and phrases
aggressive commercial practices aggressive practices Annex apply Article 5(3 assessment average consumer business-to-consumer Chapter circumstances claims codes of conduct Commercial Practices Directive commercial practices law Community law comparative advertising competition concept of fairness concerning Consumer Law consumer protection consumer’s context contract law country of origin Court of Justice cultural Distance Selling EC law economic behaviour effect Electronic Commerce Directive enforcement Estée Lauder European Commission European Court European Parliament example Explanatory Memorandum fair trading Geraint Howells harassment issue legislation marketing practices maximum harmonisation means Member mentioned Micklitz minimum misleading actions Misleading Advertising Directive misleading and aggressive misleading omissions misleading practices national law national rules op.cit particular professional diligence prohibition Recht und Praxis Recital reference regarded relevant requirements Schulte-Nölke scope soft law specific standards take a transactional taste and decency Tobacco Advertising trader transactional decision undue influence Unfair Commercial Practices Wettbewerb in Recht