Rechtsliteratur

Unfair Commercial Practices Directive, Whereas, (8) Unfair Commercial Practices Directive, Whereas, (17) Unfair Commercial Practices Directive, Chapter 2, Article 5

The planned amendment of the UWG implements the recent jurisprudence of the ECJ in respect to announcements of clearance sales. In the future, the permissibility of the clearance sales shall be assessed on the basis of the misleading practices, prohibition of aggressive practices, and the general regulation on unfair commercial practices.

The new regulation appears to be in line with EU law and was well received, even if the full repeal of the special provisions on clearance sales appears to have been more reasonable. The additional administrative effort does not appear justified as the protection of consumers is ensured through other provisions of UWG.