Unfair Commercial Practices

Abstract

This paper offers an introduction and analysis of the 2005 UCP Directive 2005/29/EC. First, an outline of the Directive is provided after which the key elements of the Directive are introduced. 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. Further, certain aspects of enforcement of the UCP Directive are considered. 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. In conclusion, some unresolved issues and matters meriting further research are discussed.