Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Contract Terms Directive, Article 2, (a) Unfair Contract Terms Directive, Article 3, 3. Unfair Commercial Practices Directive, Chapter 2, Article 5, 5. Unfair Contract Terms Directive, Article 5 Unfair Contract Terms Directive, Article 6, 1. Unfair Contract Terms Directive, ANNEX I, 1., (b) Unfair Commercial Practices Directive, Annex I, 19. Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 4, Article 12

The subject of this article is to analyse the status of consumer protection in the field of enforcement of claims resulting from promoting products and services. The article also analyses the legal regulation of the enforcement of claims from consumer competitions in the Slovak Republic in the context of EU law.

The author inspects the implementation of European Council Directive 93/13/EEC, the Directive of the European Parliament and the Council 2005/29/EC as well as the case law of the Court of Justice of the European Union (Articles 5 and 12 and Annex No. 1 of Directive 2005/29/EC, Articles 2, 3, 5, 6 and Annex of Directive 93/13/EEC are implemented in Act No. 40/1964 Coll. Civil Code, as amended).

The article further analyses legal regulations in Slovakia with respect to Act No. 171/2005 Coll. on gambling games, as amended, Sections 845 and 846 of Act No. 40/1964 Coll. Civil Code, as amended as well as Act No. 250/2007 Coll. on consumer protection, as amended.

In the last section, the author focuses on de lege lata and de lege ferenda considerations with respect to the current state of the Slovak legal system and future development of the Slovak legislation in order to reflect the EU legislative framework.

This article also describes case law of the European Court of Justice (C - 243/08).