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 33
- directive 28
- advertising 18
- article 17
- trade 17
- member 15
- which 13
- legal 13
- //ec 13
- unfair 12
- states 12
- services 12
- goods 12
- consumer 11
- practices 11
- provisions 11
- traders 10
- following: 10
- replaced 10
- marks 10
- commercial 10
- misleading 9
- competitor 8
- against 8
- does 8
- same 8
- means 8
- parliament 7
- council 7
- may 7
- products 7
- such 7
- comparative 7
- business-to- 7
- european 7
- from 7
- each 6
- take 6
- internal 6
- facilities 6
- whether 6
- designation 6
- more 6
- concerning 6
- distinguishing 6
- rules 6
- between 6
- national 6
- this 6
- without 6
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:
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5. | Article 7(1) shall be replaced by the following:
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Article 14
Amendments to Directive 84/450/EEC
Directive 84/450/EEC is hereby amended as follows:
1. | Article 1 shall be replaced by the following: ‘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 15
Amendments to Directives 97/7/EC and 2002/65/EC
1. | Article 9 of Directive 97/7/EC shall be replaced by the following: ‘Article 9 Inertia selling Given the prohibition of inertia selling practices laid down in Directive 2005/29/EC of 11 May 2005of the European Parliament and of the Council concerning unfair business-to- consumer commercial practices in the internal market (10), Member States shall take the measures necessary to exempt the consumer from the provision of any consideration in cases of unsolicited supply, the absence of a response not constituting consent. |
2. | Article 9 of Directive 2002/65/EC shall be replaced by the following: ‘Article 9 Given the prohibition of inertia selling practices laid down in Directive 2005/29/EC of 11 May 2005 of the European Parliament and of the Council concerning unfair business-to- consumer commercial practices in the internal market (11) and without prejudice to the provisions of Member States' legislation on the tacit renewal of distance contracts, when such rules permit tacit renewal, Member States shall take measures to exempt the consumer from any obligation in the event of unsolicited supplies, the absence of a reply not constituting consent. |
Article 16
Amendments to Directive 98/27/EC and Regulation (EC) No 2006/2004
1. | In the Annex to Directive 98/27/EC, point 1 shall be replaced by the following:
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2. | In the Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of the consumer protection law (the Regulation on consumer protection cooperation) (12) the following point shall be added:
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whereas