Consumer Protection against Unfair Commercial Practices in the Light of Directive 2005/29 Concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market (Selected Issues)
Consumer Protection against Unfair Commercial Practices in the Light of Directive 2005/29 Concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market (Selected Issues)

Summary/Abstract: The aim of the Directive 2005/29 on unfair commercial practices is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by way of approximation of the laws, regulations and administrative provisions of Member States relating to the elimination of these practices. As announced to the European Commission’s Green Paper, the Commission felt that the existing regulations in the Member States in that the regard to show significant differences causes legal uncertainty and barriers to the operation of the internal market, including building consumer confidence in crossborder transactions. The advantage of the full unification of the law is to strengthen the autonomy of Community law, the achievement of effectiveness. It is questionable whether it is due to the subject matter which is the maximum harmonization discussed act will actually serve to protect economic interests of the consumer. In particular, it undermines the treaty legal basis, which clearly is aimed at strengthening the single market. Also changes in the Lisbon Treaty, particularly Article 3 TEU, are aimed at establishing the internal market.

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