| Abstract [eng] |
This paper deals with the problematic detection of the limits of unfair commercial prohibition institute that recently emerged in European consumer law. Some time ago the Community legislation of consumer protection did not cover all areas and dealt only individual sectors. This situation has been completely changed after the directive, setting main unfair commercial practices prohibition principles towards consumers, has been introduced. Detention of the scope of the directive is a complex process, which primarily depends on the kind of content, given the nature of abstract definitions of the directive. Directive has established that as the commercial activities may be recognized any dealer’s act, omission, conduct or statement, accordingly the scope of the directive provisions become extremely broad. The content of commercial activities are limited with necessary direct element – the recognition of the commercial activities must be directly related to product promotion, sale or supply. Directive, regulation of unfair commercial traders actually intended to protect the average consumer who is reasonably well informed, observant and circumspect, protection. Lower the average consumer standards apply particularly to vulnerable groups of consumers. Although the directive provides for certain exemptions from its scope, the majority of these exceptions are of highly abstractly nature, and therefore extremely difficult to draw specific boundaries, where the operation of the directive expires. Faced with the directive, there is a need to pursue a very careful analysis of the facts and perform their classification in strict accordance with the directive. The directive’s provisions relative to the current national regulation depends on the nature of the national standards – whether they are implementing Community rules or introducing national rules. At the end of the transitional period laid down in the directive, this situation is going to change as the national law, which implements the right to apply more stringent than those provided for by the rules of regulation, will loose the precedence over the provisions of the directive. |
