Legal Literature

  • Legal Literature Details
    • Member State: Germany
    • Title: Landslide in the German unfair competition law - European illegality of § 4 No. 6 UWG
    • Subtitle:
    • Type:
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    • Author: I. SCHERER
    • Reference: Neue Juristische Wochenschrift (NJW) 2010, 1849-1850
    • Publication Year: 2010
    • Keywords: combined offers, full harmonisation, prize promotion, vulnerable consumer
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. 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 discusses the consequences of the decision of the European Court of Justice (C-304/08) regarding the illegality of § 4 No. 6 UWG (the German Unfair Competition Act).

    As § 4 No. 6 UWG may not longer be applied, tie-ins in prize draws may no longer be prohibited as long as they are not misleading according to § 5 UWG, or exploit particularly vulnerable consumers according to § 4 Nr. 2 UWG.
  • General Note
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