Legal Literature

Unfair Commercial Practices Directive, Whereas, (9) Unfair Commercial Practices Directive, Whereas, (13) Unfair Commercial Practices Directive, Whereas, (15) Unfair Commercial Practices Directive, Chapter 1, Article 3, 1. Unfair Commercial Practices Directive, Chapter 1, Article 3, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4.

The implementation of the UCP Directive in Austrian law led to the incorporation of a list of specific material information obligations into the Austrian Unfair Competition Act (UWG) (section 2 para 6) in case of an "invitation to purchase", similar to pre-contractual obligations to give information.

This article evaluates whether and to which extent these fair trading obligations underpinned by appropriate sanctions are also important for contract law.

The author concludes that the breach of the information requirements through unfair commercial practices in case of an invitation to purchase (section 2 para 6 UWG) can lead to contractual claims by a consumer only if the requirements as set out by statute or case law are fulfilled.