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
- shall 26
- means 23
- which 20
- commercial 18
- legal 18
- member 15
- advertising 13
- article 12
- trade 12
- traders 12
- practices 12
- administrative 12
- unfair 12
- directive 10
- consumer 10
- whether 9
- trader 9
- states 8
- including 8
- state 8
- provisions 8
- acting 8
- against 8
- such 8
- facilities 7
- appropriate 7
- consumers 7
- under 7
- goods 7
- referred 7
- decide 6
- code 6
- following: 6
- replaced 6
- powers 6
- each 6
- services 6
- order 6
- misleading 6
- and/or 5
- purpose 5
- make 5
- practice 5
- purposes 5
- compliance 5
- take 5
- name 5
- have 5
- business 5
- same 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.’
; 2. | in Article 2:
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3. | Article 3a shall be replaced by the following: Article 2 Definitions For the purposes of this Directive:
Article 11 Enforcement 1. Member States shall ensure that adequate and effective means exist to combat unfair commercial practices in order to enforce compliance with the provisions of this Directive in the interest of consumers. Such means shall include legal provisions under which persons or organisations regarded under national law as having a legitimate interest in combating unfair commercial practices, including competitors, may:
It shall be for each Member State to decide which of these facilities shall be available and whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with complaints, including those referred to in Article 10. These facilities shall be available regardless of whether the consumers affected are in the territory of the Member State where the trader is located or in another Member State. It shall be for each Member State to decide:
2. Under the legal provisions referred to in paragraph 1, Member States shall confer upon the courts or administrative authorities powers enabling them, in cases where they deem such measures to be necessary taking into account all the interests involved and in particular the public interest:
even without proof of actual loss or damage or of intention or negligence on the part of the trader. Member States shall also make provision for the measures referred to in the first subparagraph to be taken under an accelerated procedure:
on the understanding that it is for each Member State to decide which of the two options to select. Furthermore, Member States may confer upon the courts or administrative authorities powers enabling them, with a view to eliminating the continuing effects of unfair commercial practices the cessation of which has been ordered by a final decision:
3. The administrative authorities referred to in paragraph 1 must:
Where the powers referred to in paragraph 2 are exercised exclusively by an administrative authority, reasons for its decisions shall always be given. Furthermore, in this case, provision must be made for procedures whereby improper or unreasonable exercise of its powers by the administrative authority or improper or unreasonable failure to exercise the said powers can be the subject of judicial review. ‘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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Article 17
Information
Member States shall take appropriate measures to inform consumers of the national law transposing this Directive and shall, where appropriate, encourage traders and code_owners to inform consumers of their codes of conduct.
whereas