Black friday: unfair commercial practice? Cover Image
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Black friday: practică comercială neloială?
Black friday: unfair commercial practice?

Author(s): Noni-Emil Iordache
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: unfair commercial practice; Black Friday; consumer protection;

Summary/Abstract: Taking into account the major changes produced in society and the fact that every consumer must be protected, Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive") regulates commercial practices with the direct aim of influencing consumers' commercial decisions in relation to products and protects consumers from the consequences of such unfair commercial practices where they are material, without prejudice to individual actions of those who have been affected by an unfair commercial practice. This research highlights the conceptual and legal framework of consumer protection in relation to manufacturers, suppliers and traders of products that target them. Consumer protection does not mean only those provisions regarding the initiative of the state, because the state must ensure legislation that responds to the reality and needs of consumers, which it implements through specialized authorities and institutions, which can watch over the observance of consumer rights and the protection them, but also the private initiative, especially in the current context where the markets are getting closer and closer, thanks to the development of the online segment of sales. Even if Community or national legislation does not specify expressis verbis, the provisions on the prohibition of unfair commercial practices apply not only to products, but also to commercial services, such as those offered during Black Friday.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 123-143
  • Page Count: 21
  • Language: Romanian