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 25
- directive 18
- trade 18
- advertising 17
- which 14
- goods 13
- marks 12
- services 12
- legal 12
- commercial 12
- member 12
- misleading 11
- provisions 10
- article 10
- competitor 9
- states 9
- such 8
- traders 8
- does 8
- same 8
- products 8
- distinguishing 7
- consumer 7
- comparative 7
- against 7
- more 7
- unfair 7
- each 6
- take 6
- this 6
- product 6
- trader 6
- facilities 6
- from 6
- whether 6
- designation 6
- means 6
- administrative 5
- origin 5
- rules 5
- price 5
- articles 5
- without 5
- including 5
- names 5
- include 5
- under 5
- practices 5
- between 5
- national 5
Article 3
Scope
1. This Directive shall apply to unfair business-to- consumer commercial practices, as laid down in Article 5, before, during and after a commercial transaction in relation to a product.
2. This Directive is without prejudice to contract law and, in particular, to the rules on the validity, formation or effect of a contract.
3. This Directive is without prejudice to Community or national rules relating to the health and safety aspects of products.
4. In the case of conflict between the provisions of this Directive and other Community rules regulating specific aspects of unfair commercial practices, the latter shall prevail and apply to those specific aspects.
5. For a period of six years from 12 June 2007, Member States shall be able to continue to apply national provisions within the field approximated by this Directive which are more restrictive or prescriptive than this Directive and which implement directives containing minimum harmonisation clauses. These measures must be essential to ensure that consumers are adequately protected against unfair commercial practices and must be proportionate to the attainment of this objective. The review referred to in Article 18 may, if considered appropriate, include a proposal to prolong this derogation for a further limited period.
6. Member States shall notify the Commission without delay of any national provisions applied on the basis of paragraph 5.
7. This Directive is without prejudice to the rules determining the jurisdiction of the courts.
8. This Directive is without prejudice to any conditions of establishment or of authorisation regimes, or to the deontological codes of conduct or other specific rules governing regulated_professions in order to uphold high standards of integrity on the part of the professional, which Member States may, in conformity with Community law, impose on professionals.
9. In relation to ‘financial services’, as defined in Directive 2002/65/EC, and immovable property, Member States may impose requirements which are more restrictive or prescriptive than this Directive in the field which it approximates.
10. This Directive shall not apply to the application of the laws, regulations and administrative provisions of Member States relating to the certification and indication of the standard of fineness of articles of precious metal.
‘Article 3a
1. | Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:
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4. | Article 4(1) shall be replaced by the following:
; |
5. | Article 7(1) shall be replaced by the following:
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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:
(a) | the existence or nature of the product; |
(b) | the main characteristics of the product, such as its availability, benefits, risks, execution, composition, accessories, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product; |
(c) | the extent of the trader's commitments, the motives for the commercial practice and the nature of the sales process, any statement or symbol in relation to direct or indirect sponsorship or approval of the trader or the product; |
(d) | the price or the manner in which the price is calculated, or the existence of a specific price advantage; |
(e) | the need for a service, part, replacement or repair; |
(f) | the nature, attributes and rights of the trader or his agent, such as his identity and assets, his qualifications, status, approval, affiliation or connection and ownership of industrial, commercial or intellectual property rights or his awards and distinctions; |
(g) | the consumer's rights, including the right to replacement or reimbursement under Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (8), or the risks he may face. |
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:
(a) | any marketing of a product, including comparative advertising, which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; |
(b) | non-compliance by the trader with commitments contained in codes of conduct by which the trader has undertaken to be bound, where:
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‘Article 3a
1. | Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:
|
4. | Article 4(1) shall be replaced by the following:
; |
5. | Article 7(1) shall be replaced by the following:
|
whereas