Directive 2005/29/EC on Unfair Commercial Practices was signed by the European Parliament and the Council on 11 May 2005. The Directive aims at enhancing consumers' rights and boosting cross-border trading by harmonising divergent national rules on business-to-consumer commercial practices. The new legislation outlines "sharp practices" which will be prohibited throughout the EU, such as pressure selling, misleading marketing and unfair advertising. Certain rules on advertising to children are also set out. Through this legislation, EU consumers will be given the same protection against aggressive or misleading marketing whether they buy locally or from other Member States' markets. Businesses will benefit from having a clear set of common EU rules to follow, rather than a myriad of divergent national laws and court case rulings, as is currently the case.
The Directive was published in the Official Journal on 11 June 2005 and its provisions must be applicable in the Member States by 12 December 2007. The Commission is working with the Member States and stakeholders to make sure that the Directive is transposed into national law in a timely and accurate manner.
The deadline for transposition is 12 June 2007. Several Member States are late in transposing the Directive into their national laws. The Commission will take all necessary steps to address late or inadequate transposition.
The Commission will publish a list of national transposition measures to improve transparency and update the list regularly:
|Belgium :||Amendment of the existing Belgian Law (of 14 July 1991) on commercial practices, consumer information and protection.|
|Bulgaria :||Law amending the Consumer Protection Law.|
Law on the Control of Misleading and Comparative Advertising of 2007.
Law on the Unfair Commercial Practices from Businesses to Consumers of 2007.
|Denmark :||Notification regarding unfair marketing in consumer relations.|
|Greece :||Amendment and completion of Law 2251/1994 "Protection of Consumers", as applies – Incorporation of directive 2005/29 of the European Parliament and Council.|
|Ireland :||Consumer Protection Bill 2007, No 19 of 2007.|
|Poland :||Law on prevention of unfair market practices.|
|Slovak Republic :||Act No. 250/2007 Coll. of Laws, on Consumer Protection and on Change of Act of the Slovak National Council No. 372/1990 Coll., on Minor Offences, as amended.|
|Slovenia :||Law on the Protection of Consumers against Unfair Commercial Practices.|
This brochure introduces the Directive and gives concrete examples.