Consumer protection: unfair business-to-consumer commercial practices. 'Unfair Commercial Practices Directive'

PURPOSE: the regulation of unfair business-to-consumer commercial practices and the amendment of Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation 2006/2004/EC of the European Parliament and of the Council (Unfair Commercial Practices Directive).

LEGISLATIVE ACT: Directive 2005/29/EC of the European Parliament and of the Council.

CONTENT: The Directive, which was proposed by the Commission in June 2003, aims to clarify consumers’ rights and boost cross-border trading by harmonising EU rules on business-to-consumer commercial practices. The new legislation outlines “sharp practices” which will be prohibited throughout the EU, such as pressure selling, misleading marketing and unfair advertising. Certain rules on advertising to children are also set out. Through this legislation, EU consumers will be given the same protection against aggressive or misleading marketing whether they buy locally or from other Member States’ markets. Businesses will benefit from having a clear set of common EU rules to follow, rather than a myriad of divergent national laws and court case rulings, as has been the case until now.

ENTRY INTO FORCE: 12/06/2005.

DATE OF TRANSPOSITION: 12/06/2007.