The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
'This book is a remarkable achievement so soon after the adoption of the Directive on Unfair Commercial Practices, reflecting the authors' combined expertise in this area. It offers a rigorous analysis of the Directive and its context, and benefits hugely from the different legal backgrounds of the authors. Undoubtedly a key reference point in this field.' Christian Twigg-Flesner, University of Hull, UK 'This book is written by recognized experts in the field and it delivers an astutely judged and clearly written assessment of the likely impact of a Directive that undoubtedly counts as one of the most important and ambitious measures ever adopted by the EU in the field of consumer protection.' Stephen Weatherill, Oxford University, UK 'The Unfair Commercial Practices Directive was adopted on 11 May 2005, and the authors have been able to publish a concise and critical commentary on this complex piece of legislation in somewhat over a year later. This is a remarkable achievement, keeping in mind that the deadline for iplementation is 12 June 2007, for application of its provisions from 12 December 2007. Such achievement was only possible by involving the expertise of all three authors who have worked in the field of European Union (EU) and national trade legislation and consumer protection for many years…' Journal of Consumer Policy 'Whether the Directive is good or bad for European consumers remains to be seen, a subject addressed in depth by Geraint Howells…Hans W. Micklitz…and Thomas Wilhelmsson…in their extensively researched book. The authors assess the Directive in its wider European law context and provide keen insight for governments an dprivate parties who will implement the Directive in the coming years.' European Journal of Law Reform