The law on marketing and advertising has undergone profound changes based on the EU directives on unfair commercial practices and misleading and comparative advertising. The legislation partially requires full harmonisation and contains a comprehensive blacklist of prohibited practices. However, in other areas, only minimum harmonisation is required. A comprehensive case law from the CJEU has emerged, but still many issues remain open, unclear and debated. The EU Commission has an active interest in the field and has published numerous reports on the question. In addition it has developed revised, comprehensive guidelines on marketing business to consumer (B2C), which are fully discussed here. Further Commission initiatives in the area on business to business (B2B) marketing are also in the making, underlining the importance of this new collection.
Recenzijos
This is an interesting book on an important and highly debated topic of consumer protection law and policy... the book will prove useful to anyone interested in the current state of the law in the area of unfair commercial practices, and it will contribute to the ongoing dialogue about the effectiveness of the existing fair trading law regime and the need for its future reform. -- Georgios Anagnostaras * Common Market Law Review *
1. Introduction: Marketing and Advertising Law in a Process of
Harmonisation
Ulf Bernitz and Caroline Heide-Jųrgensen
2. Commercial Speech and its LimitsFundamental Rights and Comparative
Constitutional Aspects
Caroline Heide-Jųrgensen
3. Ethics, Taste and Decency Considerations in Advertising
Frauke Henning-Bodewig
4. The Unfair Commercial Practices Directive: Full Harmonisation, Scope and
Key Notions
Jules Stuyck
5. Interpretation and Assessment under the Unfair Commercial Practices
Directivethe ICC Code for Advertising and Marketing and the Commissions
Staff Working Document
Jan Trzaskowski
6. The Fitness Check of the MCAD and UCPD
Bert Keirsbilck
7. The Impact of the UCP Directive on National Fair Trading Law and
Institutions: Gradual Convergence or Deeper Fragmentation?
Antonina Bakardjieva Engelbrekt
8. B2B and B2C Marketing Practices the Case for an Integrated Approach
Palle Bo Madsen
9. Applying the UCP Directive in Practice: The Norwegian Experience
Tore Lunde
10. Enforcing Unfair Competition Law Cross Border: Cooperation Mechanisms and
Consumer RedressDoes the System Work?
Astrid Stadler
11. Unfair Competition Law: How Can It Work as an
Important Complement to Intellectual Property Protection. Are There Missing
Links?
Per Jonas Nordell
12. The Road AheadPresent Status and Need for Reform
Ulf Bernitz
Ulf Bernitz is Professor of European Law at Stockholm University and Fellow of the Institute of European and Comparative Law and at St Hilda's College, Oxford. Caroline Heide-Jųrgensen is Professor of Competition Law and Unfair Competition at the Faculty of Law at the Unversity of Copenhagen.
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