Rechtsleer

Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9, (d) Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8

“De schending van consumentenrechtelijke regels als oneerlijke marktpraktijk tussen ondernemingen”.

The author discusses an injunction imposed by the Commercial Court on a fitness centre that in its general terms and conditions, required consumers to make an appointment and sign a document at the centre in person in order to cancel their membership subscription. The Commercial Court concluded that the requirement was deemed both an unfair contract term (see Article 3(1) and Article 3(3) combined with point q) of the Annex UCTD) and an aggressive commercial practice (see Articles 8 and 9(d) UCPD). The injunction was brought by a business that specialises in sending notices of termination of contracts by mail on behalf of consumers for a small fee. In that regard, the author points out that the judgement confirms that businesses may also invoke legislation protecting consumers. Indeed Article VI.104 Code of Economic Law prohibits any action by a business contrary to fair commercial practices that harm or potentially harm the business interests of one or more other businesses. Such actions may include any breach of the law like violations of consumer protection laws, but also unethical or negligent behaviour of businesses (a violation of the law in the course of a business is automatically an unfair commercial practice if it affects the business interests of another business). In his contribution, the author lastly clarifies the general conditions for injunctions in the Belgian legislation (Articles XVII.1 to XVII.8 Code of Economic Law) and concludes that injunctions are an efficient tool for businesses to defend their commercial interests.