Keresés

Keresési eredmények

• Tisztességtelen kereskedelmi gyakorlatok – végrehajtás és gyakorlat az Európai Unióban

  43-58

  Tárczy Edit Zsuzsanna

  Megtekintések száma:

  80

  The first aim of this paper is to show the rules of the 2005/29/EC Directive on unfair commercial practices (hereafter: UCPD) on enforcement and the rules of the Member States of the EU on enforcement. The second aim is to show some cases on unfair commercial practices (from the European Court of Justice (hereafter: ECJ) and from national organizations too). This time „enforcement” means only „practice”, so this paper won’t deal with control or supervisory activity.
  At the first point there are the rules on enforcement from the UCPD and some rules of some Member States. At the second point there are the decisions of the ECJ. First, there are the decisions in connection with the implementation and the harmonization. Second, there are the decisions in connection with the rules of the UCPD and advertising. At the third point there are the decisions of the national organizations in connection with the UCPD. At the fourth point there are the decisions of the national organizations in connection with advertising.

• Tisztességtelen kereskedelmi gyakorlatok az Európai Unió egyes tagállamaiban

  42-50

  Tárczy Edit Zsuzsanna

  Megtekintések száma:

  108

  Absztrakt nélkül

• Skócia és Anglia – reform a tisztességtelen kereskedelmi gyakorlatok terén

  35-42

  Tárczy Edit Zsuzsanna

  Megtekintések száma:

  90

  After the implementation of the 2005/29/EC Directive on unfair commercial practices (hereafter: UCPD) in the United Kingdom is has been discovered that the misleading and the aggressive practices are targeting many people. Some of them moreover damage the reputation of the traders who act legally, and the reputation of the market.

  So, the Scottish Law Commission and the Law Commission for England and Wales want to create a new system on remedies. Because of this aim the two commission started a consultation in April, it ended in July. 

  Presently, The Consumer Protection from Unfair Trading Regulations 2008 (hereafter: CPRs) – which was one of the regulations which have implemented the rules of the UCPD – contains rules on the liability for unfair commercial practices, and - according to the rules – the realization of the practices is an offence.

  But in respect of civil law the rules don’t have unity: the rules of misrepresentation are applied in the case of misleading practices, but in the case of aggressive practices there aren’t rules.

  The two commissions want to create a new consumer protection act, which will complete the rules of the CPRs. In this act there will be two levels of remedies:

  • on the first level the main aim will be the restoration of original condition (before the contract)
  • on the second level the main aim will be the compensation.

  The commissions hope that after the reform the following will be:

  • because of the clearer rules the claims will become more successful
  • because of the clearer rules the traders’ - who are acting legally - costs will decrease
  • the costs of the organizations – which are dealing with consumer protection – will decrease after the reform, and the proceedings of them – perhaps – become more successful.

  The two commissions will publish the data from the consultation in March 2012.

• Irányelv a fogyasztók jogairól (a tisztességtelen kereskedelmi gyakorlatok vonatkozásában)

  47-58

  Tárczy Edit Zsuzsanna

  Megtekintések száma:

  53

  In the past years the European Union has been walking – with its directives, like the 2005/29/EC Directive on consumer rights and the 2008/48/EC Directive on credit agreements for consumers - on a new way, on which it doesn’t let the Member States to regulate (widely). So, minimum clauses are no longer used and the aim is the total harmonization.

  The perfect example for this procedure is the Directive on consumer rights, which was published in the end of 2011 in the Official Journal of the European Union.

  The aim of this paper is to introduce the new directive, but from the rules there will be only the demonstration of the rules which are in connection with the unfair commercial practices.

• Genetikai teszt a fogyasztók számára

  61-69

  Tárczy Edit Zsuzsanna

  Megtekintések száma:

  103

  The European Academies Science Advisory Council (hereafter: EASAC) and the Federation
  of European Academies of Medicine (hereafter: FEAM) published a study on „Direct-toconsumer
  genetic testing for health-related purposes in the European Union” in the summer of
  2012.
  This paper shows the results of the research of the working group of the two mentioned
  organizations. The main aim was to investigate the scientific, ethic questions and the
  questions in connection with the possible regulation. The second aim was to define principles
  and recommendations for the European Commission, the European Parliament, the Council of
  Ministers and the political decision-makers of the Member States.
  This paper also shows the results of the workshop – organized by the EASAC, the FEAM and
  the Science and Technology Options Assessment (hereafter: STOA) - in the end of 2012.
  Finally, there are some facts on the regulations on the genetic tests outside the EU.