Legal Literature

Unfair Commercial Practices Directive, link

Unlike the general clause on unfair competition, the general clause on unfair commercial practices (pursuant to Section 4 (1) of the Act No. 90/2012 Coll., on Business Corporations, and Article 5 (2) of Directive 2005/29) is not a prerequisite for qualifying certain conduct of entrepreneurs towards costumers as improper (unfair commercial practices). It is applied when conduct is not qualified as an unfair commercial practice based on the Black List of unfair commercial practices (Annex 1 and 2 to the Act on Consumer Protection, Annex I to Directive 2005/29) or subsequently based on "small general clauses" on misleading (Sections 5 and 5a of the Act on Consumer Protection, Articles 6 and 7 of Directive 2005/29) or aggressive (§ 5b of the Act on Consumer Protection, Articles 8 and 9 of Directive 2005/29) commercial practices (referred to as a three-step test of unfair dealings). This article discusses each condition of the general clause on unnamed facts of unfair commercial practices.