Legal Literature

Unfair Commercial Practices Directive, Whereas, (20) Unfair Commercial Practices Directive, Chapter 1, Article 2, (f) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 2., (a) Unfair Commercial Practices Directive, Annex I, 1. Unfair Commercial Practices Directive, Annex I, 3.

The author discusses the notion "code of conduct" from article 2(f) UCP Directive ad article 6:193a sub 1 Dutch Civil Code. He believes that as soon as the government uses "indirect" influence on the commercial practices and codes of conduct by means of threatening to implement specific legal rules, a thus effected code of conduct will soon be in violation of the European internal market right.

Subsequently, the author discusses the obligations that the Unfair Commercial Practices Directive imposes upon the trader in connection with the codes of conduct. Here he points to the confusion that may arise on account of the different use of words by the national legislator and the EU legislator in order to describe the same.

The author also discusses the obligations which the Act Unfair Commercial Practices imposes upon the holder of a code of conduct and how these obligations are enforced.

The author states that it is striking how different the views are with which the European Commission and the Dutch government look at codes of conduct. The Dutch government believes that a code of conduct can be imposed whereas the European legislator assumes an obligation that is fully voluntary. The Dutch legislator has included unexplainable differences in undertone in its implementation of the UCP Directive in connection with article 6.2 of the Directive. This is not in accordance with the full harmonization character of the Directive.

The conclusion is that on certain aspects the standpoint of the Dutch government does not agree with that of the UCP Directive, which according to the author is not desirable in connection with full harmonization.