Unfair Commercial Practices, Private Enforcement and Full Harmonisation
Abstract
The system of individual remedies available to consumers who have stipulated a contract under the influence of an unfair commercial practice is not disciplined by Directive 2005/29/EC. As a result, it seems today fragmented and often inadequate. However, to a more detailed analysis of the European legal system, it becomes clear that many of the directives about consumer protection, even if indirectly, provide these consumers with efficient tools; as a result, consumers have efficient remedies to react to the contract undermined from an unfair commercial practice. In cases where there is not such interaction, it is possible to guarantee protection by recourse to the general principle of good faith.
Received: 23 May 2019
Accepted: 08 July 2019
Published online: 31 October 2019
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