روشهای تجاری ناعادلانه در بازاریابی - تبلیغات و حمایت از مصرف کننده در کشورهای عضو اتحادیه اروپا

The fight against unfair commercial practices contributes to a high level of consumer protection. It ensures that consumers are not misled or exposed to aggressive marketing and that any claim made by traders in the EU is clear, accurate and substantiated, enabling consumers to make informed and meaningful choices. The Directive aims to ensure, promote and protect fair competition in the area of commercial practices. A number of challenges, especially if one considers the legal impact of full harmonisation in an area characterises national policy, style and enforcement techniques. In order to ensure that both consumers and traders are subject to the same rules across the EU, it is very important that national authorities and courts contribute to the uniform implementation and consistent enforcement of the Directive. This paper aims at developing a common understanding and a convergence of practices when implementing and applying the Directive.

The Directive 2005/29/EC of the European Parliament and of the Council of 11 May 20054 concerning unfair business-to-consumer commercial practices in the internal market was adopted in May 2005. The new rules it details have been applied across the Member States by December 2007.In Greece the directive was adopted by the Law 3587/2007. This legislation defines the unfair commercial practices which are prohibited in the European Union (EU) Member States. It thus protects the economic interests of consumers who conclude commercial transactions with traders (Bently, Davis and Ginsburg, 2008). Unfair commercial practices are those which (Grassie, 2006):

1. Claiming to be a signatory to a code of conduct when the trader is not. 2. Displaying a trust mark, quality mark or equivalent without having obtained the necessary authorisation. 3. Claiming that a code of conduct has an endorsement from a public or other body which it does not haveauthorised by a public or private body when he / it has not or making such a claim without complying with the terms of the approval, endorsement or authorisation. 5. Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising). 6. Making an invitation to purchase products at a specified price and then: