Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2, (i) Unfair Commercial Practices Directive, Chapter 1, Article 2, (k) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 3.

The article describes the difficult implementation of articles 2 (j) and 7 of the UCP Directive in § 5a UWG.

The author criticizes the way the implementation was enacted, stating that the requirements of a proper implementation of the UCP Directive were not met. He argues that even the interpretation of the German national law in accordance with the UCP Directive could not even out the weaknesses of the implementation which shortens the wording of the Directive by far.

In the view of the author, due to the improper implementation of article 7 of the UCP Directive, traders face a legal uncertainty since the level of protection which the German implementation grants to the consumer is higher than the protection level in the Directive in regard to misleading omissions, whereas the national level of protection with respect to information requirements is much lower as determined by the UCP Directive.