Legal Literature

Unfair Commercial Practices Directive, Whereas, (6) Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a)

After the implementation of the UCP Directive there is a new concept of commercial practices of traders towards the consumers as it is unfair not to supply the information that is considered to be necessary for the consumer to wilfully formalize a contract because it contains deceiving information for the consumers.

Therefore, this information duty becomes even more significant after the implementation of the UCP Directive. Similarly, after the implementation of the UCP Directive, it is even clearer that there is no hindrance for considering abusive those clauses that intend to legalize an unfair practice towards the consumers. In fact, these types of clauses are included in the list of null provisions of section 87.6 of the General Law for the Defence of Consumers and Users. Additionally, Law 29/2009 amending the existing Unfair Competition and Advertising regulations in order to improve the rights of consumers and users, implementing the UCP Directive, has reduced the application of the Advertising Law (Law 34/1988).