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Hungarian Legislation on Unfair Commercial Practices – Critical Comments

Published:
2012-05-06
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Tárczy, E. Z. (2012). Hungarian Legislation on Unfair Commercial Practices – Critical Comments. Pro Futuro, 2(1), 54-67. https://doi.org/10.26521/Profuturo/2012/1/5579
Abstract

Directive 2005/29/EC concerning unfair commercial practices (hereafter: UCPD) has a maximum harmonization character. The aim of this paper is to review and criticize the rules of the Hungarian implementing act. The starting point is the ban stemming from the maximum harmonization: Member States during the implementation must not create or apply stricter or milder rules than those of the UCPD. However, the Hungarian act has many problematic parts in connection with both the rules and the definitions. Besides scrutinizing these questionable points the paper also uncovers the possible practical consequences.