Commercial Practices and Advertising
Title: Commercial Practices and Advertising
Citation: Hans-Wolfgang MICKLITZ, Jules STUYCK and Evelyne TERRYN (eds), Cases, Materials and Text on Consumer Law, Oxford/Portland, Hart, 2010, 71-156
Table of Contents:
I. INTRODUCTION I.A The Development of EC Law on Unfair Commercial Practices I.B Regulation and Self-Regulation II. SCOPE OF EUROPEAN UNFAIR COMMERCIAL PRACTICES LAW II.A Commercial Practices and Free Speech II.B Protection of Interests other than the Economic Interests of Consumers II.B.1 Health and Safety in EC Law on Unfair Commercial Practices II.B.2 Foodstuffs, Pharmaceuticals, Cosmetics, Tobacco and Alcohol Regulation II.B.3 Gender Discrimination in Advertising III. THE NOTION OF FAIRNESS III.A The Structure of the Control Concept III.B Fairness, Professional Diligence and Material Distortion of Consumers III.B.1 National Notions of Fairness III.B.2 Is there an Obligation to Introduce the Concept of Fairness tel quel? III.B.3 The Role and Function of the General Clause-Safety Net? III.C Fairness, Taste, Decency and Culture: How are they Interrelated? III.D The average Consumer and Particularly Vulnerable Groups IV. MISLEADING PRACTICES IV.A Definition IV.B Untruthfulness/Deceptiveness Condition IV.C The Materiality Condition IV.D What Information? V. MISLEADING OMISSION V.A A European Duty to Disclose Information? V.B Member States' Approaches to the Disclosure of Information V.C The Invitation to Purchase V.D Established Information Requirements, Article 7(5) VI. LANGUAGE IN COMMERCIAL PRACTICES VII. COMPARATIVE ADVERTISING VIII. AGGRESSIVE PRACTICES AND SALES PROMOTION VIII.A Aggression VIII.B Harassment VIII.B.1 Means of Communication VIII.B.2 Place: Direct Selling VIII.C Coercion VIII.D Undue Influence VIII.D.1 The Definition VIII.D.2 Free Gifts in the Case-Law of the ECJ VIII.D.3 National Law on Sales Promotions VIII.E National Sales Promotion Law and the Scope of UCPD
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