Rechtsleer

Unfair Commercial Practices Directive, link

Civil law enforcement of the rules on unfair trade practices by competitors has an increasingly important role to play. In this article, the authors discuss the current state of case law and what still needs to change to better facilitate enforcement of the rules on unfair trade practices by competitors. In the Netherlands, there is no explicit basis on which competitors can sue traders who are guilty of unfair trade practices. In the literature, it is often held that competitors can appeal directly to the provisions of Articles 6:193a-193j of the Civil Code. To prevent a proliferation of claims, the authors do argue that the competitor should have an interest in such a claim.