Εμπορικά εγκλήματα -- Ευρωπαϊκή Ένωση, Χώρες της Ανταγωνισμός, Αθέμιτος -- Ευρωπαϊκή Ένωση, Χώρες της Ανταγωνισμός, Αθέμιτος -- Ελλάδα Καταναλωτές -- Προστασία -- Δίκαιο και νομοθεσία -- Ευρωπαϊκή Ένωση, Χώρες της Commercial crimes -- European Union countries Competition, Unfair -- European Union countries Competition, Unfair -- Greece Consumer protection -- Law and legislation -- European Union countries
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
The United European legislation, as a result among other things, unified the markets. Products now circulate, freely, among the member states. This development allows the consumer who lives in one part of the world to be informed, to research and to buy products from other parts of the world.However, reservations have been observed, because of the different legislations among countries. Businesses take advantage of the situation and aspire to increase there capital and strengthen their superiority by adjusting prices (through the web or their stores) to their consumers, and different unfair commercial practices that don’t benefit the consumer.To face this situation the European Union (E.U) has set the goal of harmonization of laws in the area of protecting the consumer of illegal actions by businesses and in long term goals to simplify trading among borders.The laws of the E.U for protecting the economic benefits of the consumer from illegal trading practices, were until recently, sketchy, for example sect oral instructions 84/450/E.U for deceptive advertising, the instructions 97/55/E.U for comparative advertising (which therefore were coded by the instructions 2006/114/E.U and other detailed instructions.In May of 2005, the European Parliament voted in favor of the law 2005/29/E.C, with the object of protecting consumers of illegal trading practices by businesses.These directive are said to contribute to regulations, on the side of the businesses to activate boundry marketing and promote their sales on the other hand, it will help consumers approach overboundry buying with more trust with the result of assured and safe trade. It involves directive frameworks, fully harmonized which means that member-countries, will not have the power to preserve or introduce new strict regulations, but will restrict regulations of the directives. In relation to the rest of the community legislation, the higher directives will be adopted when existing clauses can’t be regulated by illegal commercial practices.As commercial practices, which consists of the object of the directive, omission, ways of acting, business communications, advertisements, the marketing of a product, which are directly connected to the promotion, sale of a product towards the consumer.Nevertheless exceptions are anticipated from the application of it. As a legal base to the directives are the articles 95 and 153 of the European Union Treaty.This directive is intact incorporated, to the Greek Justice system with the law 3587/2007, modifying the existing law for the protection of the consumer (law 2251/1994). The changes that were made are determinate. In article 9 of the existing law, articles 9a to 9 f were added, in which illegal business practices are regulated. Especially in the articles are enacted 2 particular cases which regulate the criteria to judge an illegal misleading, aggressive practice, establishes a general clause to cover the cases which don’t belong to the special regulations and lastly for seen is a list of 31 cases - per se - of illegal commercial practices. The important thing is that the new legislation covers all illegal business practices5which are done before, during and after the business deal. There is a wide scope of coverage.The object of protection is the consumer, as that term has been defined by the Court of European Communities. Furthermore it is being for seen the protection of vulnerable consumers such as children and people of disabilities etc.Sanctions are imposed to violators of the law, are given now possibilities to use demands by the isolated consumer.The present proposal beyond the presentation and the analysis of article 9 of the modified law for the protection of the consumer, along with the new incorporated clauses for illegal business practices, was chosen in chapter 4 was mentioned in the direct marketing, in the form of illegal trading practices on the internet, the phenomenon spamming and the safety systems (opt-in and opt-out). The reason is that we are living in the world of information, where the consumer has substituted face-to-face buying, with buying on the web, as a result of the faceless internet, the threat of illegal business actions.
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", Κατεύθυνση Ιδιωτικό Δίκαιο, 2008