Directive 2005/29/EC (Unfair Commercial Practices Directive) — business-to-consumer commercial practices

1. ["Section 2", "Aggressive commercial practices", "Article 9"]

   Use of harassment, coercion and undue influence

   Use of harassment, coercion and undue influence In determining whether a commercial practice uses harassment, coercion, including the use of physical force, or…

2. ["Section 2", "Aggressive commercial practices", "Article 8"]

   Aggressive commercial practices

   — Article 8 — Aggressive commercial practices A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its…

3. ["CHAPTER 4", "FINAL PROVISIONS", "Article 19"]

   Transposition

   Transposition Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 12 June…

4. ["CHAPTER 1", "GENERAL PROVISIONS", "Article 1"]

   Purpose

   Purpose The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by…

5. ["CHAPTER 1", "GENERAL PROVISIONS", "Article 2"]

   Definitions

   Definitions For the purposes of this Directive: (a) ‘consumer’ means any natural person who, in commercial practices covered by this Directive, is acting for…

6. ["CHAPTER 4", "FINAL PROVISIONS", "Article 14"]

   Amendments to Directive 84/450/EEC

   Amendments to Directive 84/450/EEC Directive 84/450/EEC is hereby amended as follows: 1. Article 1 shall be replaced by the following: ‘Article 1 The purpose…

7. ["Section 1", "Misleading commercial practices", "Article 6"]

   Misleading actions

   Misleading actions 1. A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way…

8. ["CHAPTER 2", "UNFAIR COMMERCIAL PRACTICES", "Article 5"]

   Prohibition of unfair commercial practices

   Prohibition of unfair commercial practices 1. Unfair commercial practices shall be prohibited. 2. A commercial practice shall be unfair if: (a) it is contrary…

9. ["CHAPTER 4", "FINAL PROVISIONS", "Article 20"]

   Entry into force

   Entry into force This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.

10. ["CHAPTER 4", "FINAL PROVISIONS", "Article 17"]

    Information

    Information Member States shall take appropriate measures to inform consumers of the national law transposing this Directive and shall, where appropriate…

11. ["CHAPTER 4", "FINAL PROVISIONS", "Article 18"]

    Review

    Review 1. By 12 June 2011 the Commission shall submit to the European Parliament and the Council a comprehensive report on the application of this Directive…

12. ["CHAPTER 1", "GENERAL PROVISIONS", "Article 4"]

    Internal market

    Internal market Member States shall neither restrict the freedom to provide services nor restrict the free movement of goods for reasons falling within the…

13. ["CHAPTER 3", "CODES OF CONDUCT", "Article 10"]

    Codes of conduct

    Codes of conduct This Directive does not exclude the control, which Member States may encourage, of unfair commercial practices by code owners and recourse to…

14. ["CHAPTER 4", "FINAL PROVISIONS", "Article 13"]

    Penalties

    Penalties Member States shall lay down penalties for infringements of national provisions adopted in application of this Directive and shall take all necessary…

15. ["CHAPTER 4", "FINAL PROVISIONS", "Article 16"]

    Amendments to Directive 98/27/EC and Regulation (EC) No 2006/2004

    Amendments to Directive 98/27/EC and Regulation (EC) No 2006/2004 1. In the Annex to Directive 98/27/EC, point 1 shall be replaced by the following: ‘1…

16. ["CHAPTER 4", "FINAL PROVISIONS", "Article 15"]

    Amendments to Directives 97/7/EC and 2002/65/EC

    Amendments to Directives 97/7/EC and 2002/65/EC 1. Article 9 of Directive 97/7/EC shall be replaced by the following: ‘Article 9 Inertia selling Given the…

17. ["Section 1", "Misleading commercial practices", "Article 7"]

    Misleading omissions

    Misleading omissions 1. A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances…

18. ["CHAPTER 4", "FINAL PROVISIONS", "Article 21"]

    Addressees

    Addressees This Directive is addressed to the Member States.

19. ["CHAPTER 1", "GENERAL PROVISIONS", "Article 3"]

    Scope

    Scope 1. This Directive shall apply to unfair business-to-consumer commercial practices, as laid down in Article 5, before, during and after a commercial…

20. ["CHAPTER 4", "FINAL PROVISIONS", "Article 11"]

    Enforcement

    Enforcement 1. Member States shall ensure that adequate and effective means exist to combat unfair commercial practices in order to enforce compliance with the…

21. ["CHAPTER 4", "FINAL PROVISIONS", "Article 12"]

    Courts and administrative authorities: substantiation of claims

    Courts and administrative authorities: substantiation of claims Member States shall confer upon the courts or administrative authorities powers enabling them…

22. ["CHAPTER 4", "FINAL PROVISIONS", "Article 11"]

    Enforcement

    Enforcement 2. Under the legal provisions referred to in paragraph 1, Member States shall confer upon the courts or administrative authorities powers enabling…

23. ["CHAPTER 4", "FINAL PROVISIONS", "Article 14"]

    Amendments to Directive 84/450/EEC

    Amendments to Directive 84/450/EEC (1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May…

24. ["CHAPTER 1", "GENERAL PROVISIONS", "Article 3"]

    Scope

    Scope 9. In relation to ‘financial services’, as defined in Directive 2002/65/EC, and immovable property, Member States may impose requirements which are more…

25. ["Section 1", "Misleading commercial practices", "Article 7"]

    Misleading omissions

    Misleading omissions 4. In the case of an invitation to purchase, the following information shall be regarded as material, if not already apparent from the…

26. ["CHAPTER 1", "GENERAL PROVISIONS", "Article 2"]

    Definitions

    Definitions the general principle of good faith in the trader's field of activity; (i) ‘invitation to purchase’ means a commercial communication which…

27. ["Section 1", "Misleading commercial practices", "Article 6"]

    Misleading actions

    Misleading actions goods and associated guarantees (8), or the risks he may face. 2. A commercial practice shall also be regarded as misleading if, in its…

28. ["CHAPTER 4", "FINAL PROVISIONS", "Article 14"]

    Amendments to Directive 84/450/EEC

    Amendments to Directive 84/450/EEC (1) shall be replaced by the following: ‘1. Member States shall ensure that adequate and effective means exist to combat…

29. ["CHAPTER 4", "FINAL PROVISIONS", "Article 11"]

    Enforcement

    Enforcement 3. The administrative authorities referred to in paragraph 1 must: (a) be composed so as not to cast doubt on their impartiality; (b) have adequate…

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