DRAFT EU DIRECTIVE ON UNFAIR COMMERCIAL PRACTICES

A draft directive which defines the conditions which determine whether a commercial practice is unfair, rather than imposing positive obligations on traders, has been adopted by the European Commission as a cornerstone of radical reform of the current EU legislative framework for protecting consumer interests.

In addition to imposing this general duty to trade fairly, the draft EU directive on commercial practices includes specific rules aimed at combating misleading and aggressive practices. It also requires traders to comply only with the legislation of their country of origin, thus providing the legal certainty that other member states will be unable to impose additional regulatory burdens upon them.

The draft directive is available at http://europa.eu.int/comm/consumers/cons_int/safe_shop/fair_bus_pract/directive_prop_en.pdf