NOVELA ZÁKONA O OCHRANĚ SPOTŘEBITELE NA POZADÍ SMĚRNICE O NEKALÝCH OBCHODNÍCH PRAKTIKÁCH
The Novel of the Consumer protection law against the Unfair business practises Directive

Summary/Abstract: Despite of the mentioned nouvelle the legal regulations of consumer protection remain comminuted. There are also certain parts of consumer rules to be found in the consumer protectin law, however the linked rules for advertisment are included in the control advertising law. The commercial code then coprises the corection of unfair competition including rules of comperative advertising (§ 50a ObchZ). The next law, which referes to the later issue is for instance the electronic communications law. There are no doubts, that the implementation of Unfair Commercial Practices Directive was necessary, primarily respecting the purpose which it presents. The purpose is indeed the consumer protection as well as an elimination of free movements in the domestic market through a harmonization of the regulations relevant to the consumer protection law in all member states. At first sight the nouvelle appeals as it was a slapdash work. Legislators strove to transpose the directive so that the position of a consumer and the peace in the area for his protection strengthens within our legal order. In my opinion it would be more suitable implement the directive into a private recipe, namely into the commercial code for it acts unsystematically in the consumer protection law. In terms of the commercial code I would classify it into provisions of unfair competition. In terms of the code it is possible, on the side of a consumer, to sue per curiam the protection and rights caused by the infringement of rights. The present circumstances allow the consumer to stimulace the authority to initiate a procedure, but it depends on the autority whether the trial commences or not. In case of claiming the private title the consumer will always have to refer to the court of justice. From my point of view to meet the consumer’s rights would be easier with the resolutions of disputes by the autority. The resolution of disputes by the authority would lead to an integration of the mentioned problems through practice of the courts, which would certainly be considered as a step towards improvements.

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