Pratiche sleali 2005/0029 EN

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2005/0029 EN cercato: 'thereof' . Output generated live by software developed by IusOnDemand srl

index thereof:

1 ‘Article 1

1 Article 19 Transposition

whereas thereof:

whereas (1) 1

whereas (7) 1

whereas (15) 1

definitions:

cloud tag:

and the number of total unique words without stopwords is: 88

‘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.’

;

in Article 2:

—

point 3 shall be replaced by the following:

‘3.	“ trader” means any natural or legal person who is acting for purposes relating to his trade, craft, business or profession and any one acting in the name of or on behalf of a trader.’

—

the following point shall be added:

‘4.	“ code_owner” means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code_of_conduct and/or for monitoring compliance with the code by those who have undertaken to be bound by it.’

;

Article 3a shall be replaced by the following:

Article 19

Transposition

Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 12 June 2007. They shall forthwith inform the Commission thereof and inform the Commission of any subsequent amendments without delay.

They shall apply those measures by 12 December 2007. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

whereas

(1) Article 153(1) and (3)(a) of the Treaty provides that the Community is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to Article 95 thereof.

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(7) This Directive addresses commercial practices directly related to influencing consumers' transactional_decisions in relation to products.
It does not address commercial practices carried out primarily for other purposes, including for example commercial communication aimed at investors, such as annual reports and corporate promotional literature.
It does not address legal requirements related to taste and decency which vary widely among the Member States.
Commercial practices such as, for example, commercial solicitation in the streets, may be undesirable in Member States for cultural reasons.
Member States should accordingly be able to continue to ban commercial practices in their territory, in conformity with Community law, for reasons of taste and decency even where such practices do not limit consumers' freedom of choice.
Full account should be taken of the context of the individual case concerned in applying this Directive, in particular the general clauses thereof.

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(15) Where Community law sets out information requirements in relation to commercial communication, advertising and marketing that information is considered as material under this Directive.
Member States will be able to retain or add information requirements relating to contract law and having contract law consequences where this is allowed by the minimum clauses in the existing Community law instruments.
A non-exhaustive list of such information requirements in the acquis is contained in Annex II.
Given the full harmonisation introduced by this Directive only the information required in Community law is considered as material for the purpose of Article 7(5) thereof.
Where Member States have introduced information requirements over and above what is specified in Community law, on the basis of minimum clauses, the omission of that extra information will not constitute a misleading omission under this Directive.
By contrast Member States will be able, when allowed by the minimum clauses in Community law, to maintain or introduce more stringent provisions in conformity with Community law so as to ensure a higher level of protection of consumers' individual contractual rights.

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