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
- Article 1 Purpose
- Article 2 Definitions
- Article 3 Scope
- Article 4 Internal market
- Article 5 Prohibition of unfair commercial practices
- Article 6 Misleading actions
- Article 7 Misleading omissions
- Article 8 Aggressive commercial practices
- Article 9 Use of harassment, coercion and undue influence
- Article 10 Codes of conduct
- Article 11 Enforcement
- Article 12 Courts and administrative authorities: substantiation of claims
- Article 13 Penalties
- Article 14 Amendments to Directive 84/450/EEC
- ‘Article 1
- ‘Article 3a
- Article 15 Amendments to Directives 97/7/EC and 2002/65/EC
- ‘Article 9 Inertia selling
- ‘Article 9
- Article 16 Amendments to Directive 98/27/EC and Regulation (EC) No 2006/2004
- Article 17 Information
- Article 18 Review
- Article 19 Transposition
- Article 20 Entry into force
- Article 21 Addressees
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- consumer 7
- practices 4
- trader 4
- shall 4
- //ec 3
- take 3
- selling 3
- inertia 3
- commercial 3
- directive 3
- states 3
- member 3
- business-to- 2
- internal 2
- article 2
- market 2
- rights 2
- measures 2
- product 2
- unfair 2
- parliament 2
- concerning 2
- contract 2
- council 2
- from 2
- another 2
- european 2
- may 2
- harassment 2
- down 2
- laid 2
- ‘article 2
- given 2
- exempt 2
- prohibition 2
- renewal 2
- constituting 2
- tacit 2
- including 2
- taken 2
- consent 2
- absence 2
- such 2
- undue_influence 2
- unsolicited 2
- coercion 2
- supplies 1
- event 1
- obligation 1
- permit 1
Article 9
Use of harassment, coercion and undue_influence
In determining whether a commercial practice uses harassment, coercion, including the use of physical force, or undue_influence, account shall be taken of:
| (a) | its timing, location, nature or persistence; |
| (b) | the use of threatening or abusive language or behaviour; |
| (c) | the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer's judgement, of which the trader is aware, to influence the consumer's decision with regard to the product; |
| (d) | any onerous or disproportionate non-contractual barriers imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; |
| (e) | any threat to take any action that cannot legally be taken. |
CHAPTER 3
CODES OF CONDUCT
‘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. |
whereas