Keywords
unfair commercial practices, black list, misleading character, harmonization, trader, high level of consumer protection
Abstract
The article aims to analyse recent jurisprudence of the CJEU on the provisions of Directive 2005/29/EC on unfair commercial practices. The scope of cases brought before the CJEU relates to different practical aspects of the application of Directive 2005/29/EC by national courts. Mentioned, among the issues interpreted by the CJEU, can be the conditions of unfair misleading practices, including the assessment of the relevant influence of the practice on a consumer (case Trento Sviluppo), and the significance of requirements of professional diligence (case CHS Tour Services). The analyzed judgments relate also to problems of a more general nature such as the character of the harmonization method adopted by the Directive (case Citroën Belux), its personal scope, and the notion of a “trader” (case BKK Mobil Oil). The CJEU ruled also on the possibility of ex ante administrative controls of unfair practices (case Köck); general prohibition of a practice not covered by the black list (case Euronics Belgium); and the application of Directive 2005/29/EC to press publishers who infringe national rules on proper identification of advertisers (case RLvS)
Recommended Citation
Harasimiuk, D. (2014). Analysis of 2013 EUCJ jurisprudence concerning Directive 2005/29/EC on Unfair Commercial Practices. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(4), 126-141. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss4/11
First Page
126
Last Page
141
Page Count
15
Publisher
University of Warsaw
