Originally published in Lawrence Graham's 'SmartLaw' newsletter, March 2007
© Lawrence Graham LLP
The Unfair Commercial Practices Directive (2005/29/EC), replacing Europe’s patchwork of national regimes with a standardised set of EU-wide regulations, will be transposed into UK law by June 2007 and come into force by December 2007. So, what will it mean in practice?
By harmonising the EU’s unfair trading laws, the new Unfair Commercial Practices Directive (the Directive) will clarify consumer rights and so facilitate cross-border trade; its ruling concept of ‘maximum harmonisation’ will in most cases also prevent Member States from applying provisions stricter than those required by the Directive. In essence, the new Directive imposes a general obligation on all businesses not to treat consumers unfairly....
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