Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Annex I

This article combines the study of the structure of the UCP Directive and of the contents of its Spanish implementation law (Law 29/2009). The author indicates that this law has not only been used by the legislator to implement the UCP Directive into the Spanish legal framework, but also as an opportunity to rationalise the unfair competition legal regime, in an attempt to resolve the conflict between the Spanish General Advertising Act and the Spanish Unfair Competition Law. Only those illicit advertising practices not envisaged in the Unfair Competition Act will be regulated by the General Advertising Act. Additionally, illicit advertising practices will no longer be prosecutable under the General Advertising Law.

The main novelty introduced by Law 29/2009 is an entire new chapter devoted to the commercial practices involving consumers that have been inserted into the Unfair Competition Act. Critics to this amendment coming from the doctrine have been severe and are justified, he continues to explain. Firstly, because the systematic unity in this matter has been breached, now qualification of a practice as unfair depends on the category of addressee affected by the same. Secondly, because it implies that some practices are regulated under a double legal regime (there are some practices that can be considered regular unfair competition practices and also unfair competition practices affecting consumers). Moreover, these practices affecting consumers will be prosecutable under the Consumer Protection regulations as well.

The author is member of the European Economic and Social Committee.