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Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Article 5, 3. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 4., (b) Unfair Commercial Practices Directive, Chapter 2, Article 5, 5. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (c) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (e) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (f) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (g) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (b), (i) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (b), (ii) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 2. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 3. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4. Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (b) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (c) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (e) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 5. Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8

Elementele constitutive ale practicilor comerciale neloiale în relaţiile cu consumatori.

Romanian law does not define what is a commercial practice with the potential to substantially alter the economic behaviour of the consumer. The first clue is to report the analysis to the "average consumer" because the provisions of the law concern "the normally informed and reasonably attentive and informed consumer". Unfair commercial practices may result from a misleading action (a) or misleading omission (b) and it is in this context that the alteration of the consumer's economic behaviour and the validity of the consent of the consumer must be assessed. A deceptive commercial practice is punishable by a fine; to this main penalty, the publication of the decision and the posting of the judgment may be added as additional sanctions. Consumers who are victims of misleading marketing practices may claim damages, either in the context of contractual civil liability, if the consumer had at the same time entered into a contractual relationship with the professional who is the author of the misleading commercial practice (i) or on the basis of tort in the case of a non-contracting consumer (ii). Respect for professional ethics is not a decisive criterion in the assessment of the existence of unfair commercial practices in the presence of a contractual document or advertising that is poorly refurbished or contains inaccurate information. For the existence of the unfair practice to be established, it is sufficient that the message is misleading in an objective sense, despite the impossibility of establishing the existence of fraudulent intent. If the price and the essential characteristics of the products or services are mentioned, the misleading nature of the advertising message would be appreciated in relation to the defining elements. The blacklist of prohibited commercial practices, in any event, annexed to Law no. 363/2007 on the fight against unfair commercial practices, also has consequences for the probationary system of the legal action.