Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2 Unfair Commercial Practices Directive, Chapter 1, Article 3 Unfair Commercial Practices Directive, Chapter 2, Article 5 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 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9

The author discusses whether, in view of a compliant interpretation of the UCP Directive, lawsuits against competitors based on the use of invalid terms and conditions are possible, and whether such use constitutes an unfair commercial practice.

He concludes that this is indeed the case, as a compliant interpretation of the UWG with the UCP Directive holds that the use of general terms and conditions constitutes a commercial practice, so the content control regulations according to Sec. 307 et seq. BGB are market behaviour rules in the meaning of § 4 Nr. 11 UWG.