DSE welcomes EU Parliament Report on the Implementation of the Directive on Unfair Commercial Practices

Tuesday, 4 February, 2014
DSE welcomes the adoption today by the EU Parliament of its Own-Initiative Report on the implementation of Directive 2005/29/EC concerning unfair businesses-to-consumer commercial practices.
Following a lengthy adoption procedure, the Directive on unfair commercial practices was approved in 2005. DSE welcomed the adoption of this long-awaited Directive, as it represented a new modern approach in the field of EU consumer law providing for maximum harmonisation for the protection of consumers against unfair commercial practices. The new piece of legislation was received with hope by both consumers and industry, as it would ensure greater legal certainty for businesses while ensuring the highest rights for European consumers.
The transposition of the Directive has not been an easy and smooth process. Today, more than eight years after the adoption of the Directive, there are serious problems as regards the proper implementation and enforcement across the EU, thus resulting in a distorted Internal Market with different rights and obligations for consumers and businesses depending on the Member State where they are based.
DSE supports fully today's resolution, particularly whereby the EU Parliament:
  • Calls on the Commission to urgently close the "pilot case" consultations opened in 2011 by either terminating the procedures or by bringing infringement procedures against non-compliant Member States to the EU Court of Justice; and
  • Points out that some Member States still have laws imposing more restrictive measures than those provided for in Directive 2005/29/EC, jeopardising the Directive's full harmonisation principle.
DSE hopes that the EU Commission takes immediate action to ensure that this important piece of legislation is, without undue delay, correctly implemented and enforced by the national authorities.

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