State of play of the implementation of the provisions on advertising in the unfair commercial practices legislation

Análise aprofundada 12-07-2010

All Member States have implemented the Unfair Commercial Practices Directive (UCPD), but not all of the new provisions in the implementation laws have been tested yet. In some Member States court decisions are still rather limited and it is too early for a final evaluation of the UCPD. The technical choices made differ dramatically. The implementation of the UCPD can be found in civil codes, acts against unfair competition, consumer law codes and specific regulations copying out the UCPD. In addition, not only the place where the UCPD has been implemented, but also how it has been implemented (e.g. implementation of definitions and of Annex I), differs. This makes it difficult for consumers, enforcement agencies and businesses alike to find the relevant piece of legislation.