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The Use of Unfair Contractual Terms as an Unfair Commercial Practice
European Review of Contract Law, 2011Abstract The purpose of the present article is to propose a coordination between the provisions of directive 93/13/EEC (the Unfair Terms Directive, ‘UTD’) and those of the ‘framework’ directive 2005/29/EC (the Unfair Commercial Practices Directive ‘UCPD’), and in particular to assess whether the ‘use of unfair terms’ as meant by the UTD entails and ...
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The Unfair Commercial Practices Directive
2007Directive 2005/29/EC concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market was adopted on May 11, 2005. This contribution sets out the main contents of the Directive in brief, and then analyses the problem of the partial harmonisation of competition law, the extensive list of “per-se prohibitions” in the Annex to the ...
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Unfair Commercial Practices: Regulation at Risk
European Business Law Review, 2012In the UK the Consumer Protection from Unfair Trading Regulations came into force on 26 May 2008. They implemented the EU Unfair Commercial Practices Directive, introducing a general duty on traders not to trade unfairly with their consumers. This article will seek to show that they have been working well, but that their continued effectiveness has ...
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European Law on Unfair Commercial Practices and Contract Law
2016The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches ...
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Algorithmic Marketing and EU Law on Unfair Commercial Practices
Law, Governance and Technology Series, 2022Federico Galli
exaly
Unfair commercial practices and European private law
2010Two distinct areas of law? Unfair commercial practices and private law seem to be two distinct areas, clearly separated by their different functions. Commercial practices law regulates the correct behaviour of companies in the market in order to ensure fair competition, whereas private law deals with contractual and non-contractual obligations ...
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The Unfair Commercial Practices Directive
2018Bertel De Groote, Kristof De Vulder
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