Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: Amendment to the Austrian Unfair Competition Act 2007
    • Subtitle:
    • Type:
    • URL:
    • Author: H-G. KOPPENSTEINER
    • Reference: wbl [Wirtschaftsrechtliche Blätter] 2009, pages 1-10
    • Publication Year: 2009
    • Keywords: B2B, B2C, unfair competition
  • Directive Articles
    Unfair Commercial Practices Directive, Whereas, (9) Unfair Commercial Practices Directive, Whereas, (11) Unfair Commercial Practices Directive, Whereas, (12) Unfair Commercial Practices Directive, Whereas, (13) Unfair Commercial Practices Directive, Whereas, (17) Unfair Commercial Practices Directive, Chapter 1, Article 2, (h) Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 4. Unfair Commercial Practices Directive, Chapter 4, Article 11
  • Headnote
    This article first focuses on the correlation between the purposes indicated in the amended section 1 para 1 of the Austrian Unfair Competition Act, against the background of the UCP Directive.

    Next, it focuses on the relation between consumer protection and the protection of entrepreneurs with regard to the respective essential effects of unfair practices.

    According to the author, the new legislation regarding "advantage due to breach of the law" seems reasonable at the very outset, but raises follow-up questions which endanger the persuasiveness of the overall concept.
  • General Note
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