Legal Literature

Unfair Commercial Practices Directive, Chapter 4, Article 11, 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

The article describes the regulations for combating unfair advertising in EU law. The author analyses the scope of, and the relationship between Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair trade practices and Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 on misleading and comparative advertising.

The article describes the general characteristics of those Directives and highlights the differences between them. The main difference concerns the scope of harmonization, because the Directive 2005/29/EC stipulates the rule of the full harmonization.

The author assesses the protective purpose of the Directives in two areas - Business-to-Consumer and Business-to-Business relationships. He also compares the meaning and forms of unfair advertising in those Directives. The author indicates that the regulation of advertising in Directive 2005/29/EC is very general, whereas the definition in Directive 2006/14/EC is detailed and provides terms in the scope of misleading and comparative advertising.

The article also describes the meaning of those Directives for Polish regulation and provides information about their implementation into national legislation.