Legal Literature detail
|Directive article||Reference||MKB-Adviseur, 2008-5, pages 6-11|
|Country||The Netherlands||Legal Literature date||2008|
|Author||J.J.C. KABEL||Author initial|
|Title EN||Fair trade: judging misleading commercial advertising and other unfair commercial practices||URL EN||N/A|
|Title NL||Eerlijke handel: de beoordeling van misleidende reclame en andere oneerlijke handelspraktijken||URL NL||http://www.ivir.nl/publicaties/kabel/vakblad_mkb_2008_5.pdf|
|Keywords||consumer, harmonisation, misleading advertising, unfair competition, trader, national law|
Suppressing unfair commercial practices is based on three different systems in The Netherlands: unfair practices towards the consumer, towards the trader and towards both the consumer and the trader.
Whereas the implementation of the UCP Directive into Sections 6:193a-j of the Dutch Civil Code concerns unfair practices towards the consumer, the implementation of Directive 2006/114/EC on misleading and comparative advertisements into Sections 6:194-196 of the Dutch Civil Code concerns unfair practices towards the trader.
The implementation of the UCP Directive into the Dutch Advertising Code is applicable in case of unfair practices towards the consumer as well as the trader, which complicates the actual suppressing of these kind of commercial practices.
Since the full harmonisation of the UCP Directive is not applicable to national rules concerning unfair practices impairing traders' interests, some Member States can apply more stringent rules than other Member States thereto, which may lead to lack of clarity.