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 5
- such 4
- trader 4
- chapter 3
- bodies 3
- recourse 3
- commercial 3
- consumer 3
- shall 3
- taken 2
- administrative 2
- conduct 2
- codes 2
- member 2
- referred 2
- including 2
- proceedings 2
- states 2
- undue_influence 2
- coercion 2
- practices 2
- harassment 2
- unfair 2
- which 2
- product 2
- rights 2
- contract 2
- restrict 2
- control 2
- directive 2
- another 2
- switch 1
- take 1
- threat 1
- action 1
- cannot 1
- legally 1
- under 1
- does 1
- exercise 1
- terminate 1
- freedom 1
- exclude 1
- deemed 1
- final 1
- article 1
- provided 1
- judicial 1
- means 1
- foregoing 1
Article 4
Internal market
Member States shall neither restrict the freedom to provide services nor restrict the free movement of goods for reasons falling within the field approximated by this Directive.
chapter 2
UNFAIR COMMERCIAL PRACTICES
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 10
Codes of conduct
This Directive does not exclude the control, which Member States may encourage, of unfair commercial practices by code_owners and recourse to such bodies by the persons or organisations referred to in Article 11 if proceedings before such bodies are in addition to the court or administrative proceedings referred to in that Article.
Recourse to such control bodies shall never be deemed the equivalent of foregoing a means of judicial or administrative recourse as provided for in Article 11.
chapter 4
FINAL PROVISIONS
whereas