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Study on the application of Directive 2005/29/EC on Unfair Commercial Practices in the EU
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Study on the application of Directive 2005/29/EC on Unfair Commercial Practices in the EU

Final report

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Directive 2005/29/EC on Unfair Commercial Practice (the UCPD) was adopted on 11 May 2005. The objective of the UCPD is to fully harmonise the law on unfair commercial practices harming consumer economic interests. The UCPD does not deal with commercial practices in business-to-business (B2B) relations. The UCPD follows, in principle, the concept of full harmonisation (Article 4); which means that one common standard should apply in all Member States of the EU. Nevertheless, under Article 3(9) financial services and immovable property were exempted from the full harmonisation programme of the UCPD. According to the Terms of Reference (TOR), the purpose of the study is to analyse the application of the UCPD in the fields of financial services and immovable property across the EU. The aims are threefold: 1. To identify any rules other than the national implementation of the UCPD which the Member States (and Norway and Iceland) have in place to fight unfair commercial practices in the fields of financial services and immovable property; 2. To describe the most common unfair commercial practices in these sectors; 3. To recommend whether the exemption under Article 3(9) should be kept or removed and, where appropriate, suggest specific regulatory action at Union level, based on national best examples/practices. The study is based on in-depth desk research; interviews with key stakeholders at EU level and in selected Member States; complementary surveys in the areas of financial services and immovable property targeting government ministries, enforcement agencies, consumer organisations, ombudsman schemes, ADR schemes and European Consumer Centres in the Member States; preparation of two databases of most common unfair commercial practices in the areas of financial services and immovable property; detailed country reports of 10 countries; and preparation of 29 country fact sheets. The results are presented in two parts: Part 1 presents the main findings from the study, including the conclusions and recommendations, and the country fact sheets. Part 2 presents the 10 detailed country reports, covering Austria, Bulgaria, Denmark, France, Germany, Italy, the Netherlands, Poland, Spain and the United Kingdom.
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