Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 1, Article 3, 9. Unfair Commercial Practices Directive, Chapter 2, Article 5, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 2. Unfair Contract Terms Directive, Article 3, 1. Unfair Commercial Practices Directive, Chapter 2, Article 5, 5.

This article focuses on the four-tier test on how to establish whether the sellers behave unfairly towards the consumers. It comprehensively elaborates on each separate tier while providing reference to domestic and European case law. This contribution provides practical examples of how the aforementioned tiers operate and how they are applied by various courts throughout EU.

The author provides several administrative decisions rendered by the Slovak administrative bodies as well and mentions how specific terms especially used in consumer-related disputes are interpreted by the domestic judges.

The article on multiple occasions refers to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive"). Lastly, it elaborates on the meaning of the term "consumer" within the national and EU law.