Rechtsleer

Unfair Commercial Practices Directive, Chapter 1, Article 1 Unfair Commercial Practices Directive, Chapter 1, Article 2 Unfair Commercial Practices Directive, Chapter 1, Article 3 Unfair Commercial Practices Directive, Chapter 1, Article 4 Unfair Commercial Practices Directive, Chapter 2, Article 5 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, Chapter 2, Section 2, Article 9 Unfair Commercial Practices Directive, Chapter 3, Article 10 Unfair Commercial Practices Directive, Chapter 4, Article 11 Unfair Commercial Practices Directive, Chapter 4, Article 12 Unfair Commercial Practices Directive, Chapter 4, Article 13 Unfair Commercial Practices Directive, Chapter 4, Article 14 Unfair Commercial Practices Directive, Chapter 4, Article 15 Unfair Commercial Practices Directive, Chapter 4, Article 16 Unfair Commercial Practices Directive, Chapter 4, Article 17 Unfair Commercial Practices Directive, Chapter 4, Article 18 Unfair Commercial Practices Directive, Chapter 4, Article 19 Unfair Commercial Practices Directive, Chapter 4, Article 20 Unfair Commercial Practices Directive, Chapter 4, Article 21 Unfair Commercial Practices Directive, Annex I Unfair Commercial Practices Directive, Annex I

In this elaborate article, the authors analyze in which way the articles of the Directive 2005/29 have been implemented in each of their respective countries, i.e. Belgium and The Netherlands. Further, they highlight the issues that have arisen in practice in relation to the implementation and the application of the Directive's provisions.

The authors come to the conclusion that, although the Directive has been almost literally implemented in both countries,  the implementation has given rise to different questions in each of the countries.

In Belgium, the most important questions that remain are the exclusion from the scope of the Market Practices Act (which, amongst others, implements the provisions of the Directive 2005/29) of persons carrying on a free profession and the finding that at least several rules on sales promotions seem to be infringing the Directive as a result of the Directive's intent for full harmonization (such as the rules on the restricted periods, the rules on sales at a loss, the rules on the announcement of price reductions).

In The Netherlands, other questions than in Belgium have arisen: there is a discussion on whether the judge (through an interpretation conform to the Directive) can protect a competitor against a trader who infringes the applicable legislation, whether precise imitation of a competitor's product can be qualified as a commercial practice, etc.

The article gives a detailed overview of the rules covered by the Directive and the issues that have arisen in practice in both Member States.