Pratiche sleali 2005/0029 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- commercial 23
- means 22
- shall 22
- which 21
- trader 17
- consumer 17
- advertising 15
- trade 14
- product 12
- misleading 12
- article 11
- including 10
- traders 10
- acting 9
- legal 9
- such 9
- practice 9
- directive 9
- have 8
- take 8
- taken 8
- goods 8
- price 8
- information 7
- practices 7
- regarded 7
- from 7
- marks 7
- purpose 6
- comparative 6
- services 6
- code 6
- whether 6
- bound 6
- replaced 6
- relation 6
- member 6
- transactional_decision 6
- material 6
- name 6
- following: 6
- average 5
- business 5
- provisions 5
- likely 5
- competitor 5
- would 5
- communication 5
- make 5
- purposes 5
Article 1
Purpose
The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating the laws, regulations and administrative provisions of the Member States on unfair commercial practices harming consumers' economic interests.
‘Article 1
The purpose of this Directive is to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted.’
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3. | Article 3a shall be replaced by the following: Article 2 Definitions For the purposes of this Directive:
Article 6 Misleading actions 1. A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way, including overall presentation, deceives or is likely to deceive the average consumer, even if the information is factually correct, in relation to one or more of the following elements, and in either case causes or is likely to cause him to take a transactional_decision that he would not have taken otherwise:
2. A commercial practice shall also be regarded as misleading if, in its factual context, taking account of all its features and circumstances, it causes or is likely to cause the average consumer to take a transactional_decision that he would not have taken otherwise, and it involves:
Article 7 Misleading omissions 1. A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances and the limitations of the communication medium, it omits material information that the average consumer needs, according to the context, to take an informed transactional_decision and thereby causes or is likely to cause the average consumer to take a transactional_decision that he would not have taken otherwise. 2. It shall also be regarded as a misleading omission when, taking account of the matters described in paragraph 1, a trader hides or provides in an unclear, unintelligible, ambiguous or untimely manner such material information as referred to in that paragraph or fails to identify the commercial intent of the commercial practice if not already apparent from the context, and where, in either case, this causes or is likely to cause the average consumer to take a transactional_decision that he would not have taken otherwise. 3. Where the medium used to communicate the commercial practice imposes limitations of space or time, these limitations and any measures taken by the trader to make the information available to consumers by other means shall be taken into account in deciding whether information has been omitted. 4. In the case of an invitation_to_purchase, the following information shall be regarded as material, if not already apparent from the context:
5. Information requirements established by Community law in relation to commercial communication including advertising or marketing, a non-exhaustive list of which is contained in Annex II, shall be regarded as material. Section 2 Aggressive commercial practices ‘Article 1 The purpose of this Directive is to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted.’ ; |
2. | in Article 2:
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3. | Article 3a shall be replaced by the following: ‘Article 3a
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4. | Article 4(1) shall be replaced by the following:
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5. | Article 7(1) shall be replaced by the following:
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whereas