Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: Clearance sale! The UWG is cleared further. The consequences of the ECJ decision Köck for the Austrian provisions on clearance sale.
    • Subtitle:
    • Type:
    • URL:
    • Author: T. KRUTZLER
    • Reference: ÖBl [Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht] 2013/24, pages 103-108
    • Publication Year: 2013
    • Keywords: clearance sale, full harmonisation, general discussion, general discussion on new case law, general scope of the UCP Directive, Scope of the UCP Directive – Full harmonisation
  • Directive Articles
    Unfair Commercial Practices Directive, Whereas, (8) Unfair Commercial Practices Directive, Whereas, (17) Unfair Commercial Practices Directive, Chapter 2, Article 5
  • Headnote
    The Austrian clearance sale regulation pursuant to Sect. 33 et. seq. UWG is not in line with the UCP Directive. An approval process ex ante by an administrative authority is principally permissible, but not in the form as provided in Austrian law. The Austrian provision does not include the assessment of the unfairness of the commercial practice and constitutes almost a general prohibition, which is not in line with the UCP Directive.
  • General Note
  • Related Cases

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