|
Publishers Abstract:
For lawyers and scholars in the field of consumer protection and fair trading law the adoption of the total harmonisation Directive 2005/29/EC of May 11, 2005 concerning unfair business-to-consumer commercial practices in the internal market (hereinafter the UCPD) is without any doubt the most exciting event in the past years. The UCPD applies to all business-to-consumer commercial practices. It intends to create total -- instead of minimum -- harmonisation. Member States have to implement the UCPD by Jun 12, 2007. Under the framework of the UCPD the fairness of commercial practices will be tested in accordance with a blacklist, one grand general clause and two small general clauses. It has been argued that undoubtedly the UCPD is a step forward in the protection of consumers against unfair commercial practices. By virtue of its total harmonization, it is expected that it will indeed create a more uniform fairness test for business-to-consumer practices in all the Member States and contribute to the removal of obstacles for cross-border trade as a result of disparities in 25 different laws on unfair commercial practices.
|
