Directive 2005/29 - 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 2006/2004 (‘Unfair Commercial Practices Directive’) - Main contents
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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’)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2005/29 |
| Original proposal | COM(2003)356  |
| CELEX number i | 32005L0029 |
| Document | 11-05-2005 |
|---|---|
| Publication in Official Journal | 11-06-2005; Special edition in Croatian: Chapter 15 Volume 008,Special edition in Romanian: Chapter 15 Volume 014,OJ L 149, 11.6.2005,Special edition in Bulgarian: Chapter 15 Volume 014 |
| Effect | 12-06-2005; Entry into force Date pub. +1 See Art 20 12-12-2007; Application See Art 19 |
| Deadline | 28-11-2021; See Art 13.5 |
| End of validity | 11-12-2007; Partial end of validity Art. 14 Implicitly repealed by 32006L0114 29-12-2009; Partial end of validity Art. 16.1 Implicitly repealed by 32009L0022 13-06-2014; Partial end of validity Art. 15.1 Implicitly repealed by 32011L0083 16-01-2020; Partial end of validity Art. 16.2 Implicitly repealed by 32017R2394 18-06-2026; Partial end of validity Art. 15.2 Implicitly repealed by 32023L2673 31-12-9999 |
| Transposition | 12-06-2007; At the latest See Art 19 |
11.6.2005 |
EN |
Official Journal of the European Union |
L 149/22 |
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’)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
Article 153(1) and (3)(a) of the Treaty provides that the Community is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to Article 95 thereof. |
(2) |
In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The development of fair commercial practices within the area without internal frontiers is vital for the promotion of the development of cross-border activities. |
(3) |
The laws of the Member States relating to unfair commercial practices show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. In the field of advertising, Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising (3) establishes minimum criteria for harmonising legislation on misleading advertising, but does not prevent the Member States from retaining or adopting measures which provide more extensive protection for consumers. As a result, Member States' provisions on misleading advertising diverge significantly. |
(4) |
These disparities cause uncertainty as to which national rules apply to unfair commercial practices harming consumers' economic interests and create many barriers affecting business and consumers. These barriers increase the cost to business of exercising internal market freedoms, in particular when businesses wish to engage in cross border marketing, advertising campaigns and sales promotions. Such barriers also make consumers uncertain of their rights and undermine their confidence in the internal market. |
(5) |
In the absence of uniform rules at Community level, obstacles to the free movement of services and goods across borders or the freedom of establishment could be justified in the light of the case-law of the Court of Justice of the European Communities as long as they seek to protect recognised public interest objectives and are proportionate to those objectives. In view of the Community's objectives, as set out in the provisions of the Treaty and in secondary Community law relating to freedom of movement, and in accordance with the Commission's policy on commercial communications as indicated in the Communication from the Commission entitled ‘The follow-up to the Green Paper on Commercial Communications in the Internal Market’, such obstacles should be eliminated. These obstacles can only be eliminated by establishing uniform rules at Community level which establish a high level of consumer protection and by clarifying certain legal concepts at Community level to the extent necessary for the proper functioning of the internal market and to meet the requirement of legal certainty. |
(6) |
This Directive therefore approximates the laws of the... |
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