The Court of Justice and the Unfair Commercial Practices Directive

Abstract

This article examines the first five years of the ECJ case law on the Unfair Commercial Practices Directive. In its rather short history the UCPD has led to a flood of European case law. The Court repeatedly stressed the Directive's full harmonization character and the ensuing bar on more stringent national legislation (mostly in the field of sales promotions). The Court has also clarified some of the novel concepts introduced by the Directive, as well as its personal scope of application. Divergences between Member States remain, as the application in concreto of the Directive's general clauses (prohibition of conduct contrary to professional diligence, misleading and aggressive practices) is reserved to national courts.