Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2 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 analyses a number of decisions by the CJEU on questions referred to for preliminary ruling at the request of members states Austria, Belgium, Germany and Sweden.

Having reviewed the relevant national laws under the principle of full harmonisation, the CJEU concludes that the member states cannot implement measures that are more restrictive than those defined by the Directive on unfair commercial practices, not even in order to ensure a higher level of consumer protection.

This approach strengthens the market unity at an European level, and ensures greater security for the companies operating on a cross-border basis, although it may have restringing effects on the Members' consumer protection laws.

Moreover, the author analyses the grounds of the decision of the French Cour de Cassation of 13 July 2010, based on previous rulings of the CJEU, and on further principles established by the Directive that had not been previously submitted to preliminary ruling by the CJEU. The French Court's decision analyses the practice of a French company that required its clients to purchase an ADSL service to get access to certain French football league contents.

Finally, the author discusses on the interferences between the protection of consumers and of competition, and emphasizes fragmentation of the Spanish market, due to several commercial practices' regulation mechanisms as opposite to the principle of full harmonisation indorsed by the Directive and supported by the CJEU's case law.