European Commission


Legal Literature detail

Directive article Whereas (5)
Article 5 2. (b)
Article 5 3.
l1 5.
l1 6.
l1 11.
l2 25.
l2 31.
Reference Revista de Direito das Sociedades, Ano III (2011) – Número I, Director: António Menezes Cordeiro, pages 187-219
Country Portugal Legal Literature date 2011
Author J. MORAIS CARVALHO Author initial
Title EN Unfair business-to-consumer commercial practices URL EN N/A
Title PT Práticas comerciais desleais das empresas face aos consumidores URL PT N/A
Keywords aggressive commercial practicesaverage consumerconsumerdistortiongeneral discussion on the national implementationmisleading omissionsprofessional diligencevulnerable consumer

Head note

The author of this article states that the Unfair Commercial Practices Directive, by seeking maximum harmonization, did not leave much room for member states to tailor the concept of ‘unfair commercial practice’ and make it more flexible and consumer-friendly. The author further considers that it is probably for this reason that the criteria for determining whether a commercial practice is unfair are very demanding and complex, therefore hindering the application of the general clause provided for in the Portuguese legal provisions implementing the Directive.

In the author’s opinion, compliance with consumer protection laws depends on the adoption of clear, objective and easily verifiable concepts. Further he raises similar concerns as to the notion of "misleading commercial practice" and "aggressive commercial practice". Therefore, the lists determining which practices are prohibited under any circumstances play a key role in the enforcement of the Portuguese statutes previously referred to.

General note


Relevant cases