Legal Literature

  • Legal Literature Details
    • Member State: Germany
    • Title: Is § 7 II No. 2 UWG (the the German Unfair Competition Act) compliant with European law?
    • Subtitle:
    • Type:
    • URL:
    • Author: S. ENGELS and B. BRUNN
    • Reference: Gewerblicher Rechtsschutz und Urheberrecht (GRUR) 2010, pages 886-890
    • Publication Year: 2010
    • Keywords: full harmonisation, harassment, telephone, unwanted solicitations
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Annex I, 26. Unfair Commercial Practices Directive, Chapter 1, Article 1 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9
  • Headnote
    This article analyses whether § 7 II No. 2 UWG (the German Unfair Competition Act), which stipulates that phone calls to consumers for promotional purposes without their prior expressive consent are always unfair, is compliant with the requirements stipulated by the UCP Directive.

    The author takes the position that this general prohibition of § 7 II No. 2 UWG is an invalid extension of the black list of Annex I of the UCP Directive, and therefore does not comply with EU law.
  • General Note
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