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
- administrative 6
- article 4
- proceedings 4
- such 4
- claims 3
- bodies 3
- recourse 3
- factual 2
- shall 2
- court 2
- provided 2
- referred 2
- deemed 2
- commercial 2
- courts 2
- states 2
- member 2
- evidence 2
- control 2
- trader 2
- legitimate 1
- accuracy 1
- practice 1
- taking 1
- into 1
- furnish 1
- require 1
- account 1
- relation 1
- requirement 1
- interest 1
- party 1
- civil 1
- appears 1
- appropriate 1
- basis 1
- circumstances 1
- particular 1
- case 1
- consider 1
- inaccurate 1
- demanded 1
- accordance 1
- furnished 1
- insufficient 1
- article : 1
- authorities: 1
- them 1
- never 1
- conduct 1
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
Article 12
Courts and administrative authorities: substantiation of claims
Member States shall confer upon the courts or administrative authorities powers enabling them in the civil or administrative proceedings provided for in Article 11:
| (a) | to require the trader to furnish evidence as to the accuracy of factual claims in relation to a commercial practice if, taking into account the legitimate interest of the trader and any other party to the proceedings, such a requirement appears appropriate on the basis of the circumstances of the particular case; and |
| (b) | to consider factual claims as inaccurate if the evidence demanded in accordance with (a) is not furnished or is deemed insufficient by the court or administrative authority. |
whereas