van Boom, Willem H --- "Unfair commercial practices" [2016] ELECD 1128; in Twigg-Flesner, Christian (ed), "Research Handbook on EU Consumer and Contract Law" (Edward Elgar Publishing, 2016) 388

Book Title: Research Handbook on EU Consumer and Contract Law

Editor(s): Twigg-Flesner, Christian

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782547365

Section: Chapter 17

Section Title: Unfair commercial practices

Author(s): van Boom, Willem H

Number of pages: 18

Abstract/Description:

The Unfair Commercial Practices Directive (hereafter: UCP Directive) aims to combat unfair commercial practices in business-to-consumer transactions. Traders who engage in unfairly influencing consumers by aggressive or misleading practices may distort consumers' economic choice-making. By countering such practices, the Directive attempts to fortify consumer choice and the fair operation of business-to-consumer markets. This chapter offers an introduction and analysis of the UCP Directive. First, an outline of the Directive is provided (Section 2) after which the key elements of the Directive are introduced (Sections 3 and 4). Then, the relationship between the UCP Directive and other European Directives as well as national laws on fair competition and consumer protection is discussed in light of the broad scope and the maximum harmonisation principle which underlies the UCP Directive (Sections 5 and 6). Further, certain aspects of enforcement of the UCP Directive are considered (Section 7). After these mostly descriptive sections of the chapter, some further attention is devoted to one of the main themes running through the UCP Directive, namely the tension between championing self-reliance of 'average consumers' and offering protection against certain unsavoury practices (Section 8). Moreover, in conclusion some unresolved issues and matters meriting further research are discussed (Section 9).