Legal Literature

  • Legal Literature Details
    • Member State: Lithuania
    • Title: National Moral’s Exception in the Unfair Commercial Practices Directive
    • Subtitle:
    • Type: article
    • URL: http://www.journals.vu.lt/teise/article/viewFile/176/138
    • Author: RIMKEVIČIUS, M.
    • Reference: RIMKEVIČIUS, Mantas. „Nacionalinės Moralės“ išimtis nesąžiningos komercinės veiklos direktyvoje. In Teisė, 2011, v. 79.
    • Publication Year: 2011
    • Keywords: advertisement, misleading advertising, national law, unfair commercial practices
    • PDF:
  • Directive Articles
    Unfair Commercial Practices Directive, Whereas, (7) Misleading and Comparative Advertising Directive, link Unfair Commercial Practices Directive, link
  • Headnote
    The article explores advertising evaluation from the morality perspective based on jurisprudence of some EU Member States, seeking to reveal that morality can be diversely perceived in different countries as well as in separate regions of the same country. Therefore, the so-called National Moral’s exception established in Recital 7 of the Unfair Commercial Practices Directive is considered a positive feature thereof. The article also discovers that advertising evaluation from the morality perspective is often fairly subjective and the National Moral’s exception is too broad. The article arrives at the conclusion that notwithstanding the inexistence of common morality and culture within the EU, the National Moral’s exception is not absolute and in order to fulfil the aims of the Unfair Commercial Practices Directive some restrictions must be established sooner or later therein.
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