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Informative document of the Ministry of Industry and Trade of the CR – Is it fair?

03/11/2009
 
A new website www.isitfair.eu containing practical information for consumers has just been launched. The information is focused on advices how not to become a victim of unfair commercial practices where to refer to for help.
Directive on unfair business-to-consumer commercial practices of 11 May 2005 was transposed into the Czech legislation framework by Act No. 36 of 17 January 2008.
Directive on unfair commercial practices is the first piece of legislation in the field of consumers‘ protection which is based on the principle of entire harmonisation, i.e. the Members States cannot diverge from the provisions laid down by this Directive and they cannot accept and let applicable different provisions than the provisions laid down by this Directive. In other words, legal regulation of unfair commercial practices should be the same in all Member States as regards the content and scope laid down by Directive 2005/29/EC [1].
The full harmonisation principle is one of the tools how to achieve better functioning of the EU internal market. Education and increasing the awareness of consumers of their rights and obligations are other and no less important tasks. And this was the reason for establishing the website www.isitfair.eu which deals with unfair commercial practices. This website is available in 22 official languages of the Communities, thus in Czech as well.
The website defines what unfair commercial practices are and what kinds of unfair commercial practices could be  encountered in practice. The list of commercial practices which are regarded as unfair, so-called black list is available here too. Beside explanatory notes and particular cases, various animations for better understanding were used. Consumers can also find explanations what to do to not become a victim of unfair commercial practices and where and whom refer to in such cases.
 
[1] Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance)