Database on German and European Economic Law

 Directive 2005/29/EC

I. Description

1. The Green Paper on EU Consumer Protection first outlined the case for reform of EU consumer protection legislation to tackle barriers to  cross-border provision of goods and services to consumers. It identified a framework directive containing a general duty in relation to unfair commercial practices as a possible basis for reform.

2. A majority of respondents accepted the case for reform, and a majority of those who expressed a preference, including a majority of Member  States, supported reform on the basis of a framework directive. The Council subsequently resolved that effective follow-up work on the Green Paper should be a priority.

3. Feedback on the initial consultation and an outline of how a framework directive could be structured were published in the Communication on  the follow-up to the Green Paper. This sought respondents’ views on the content of the framework directive which have been taken into account in preparing this proposal.

4. A Council resolution adopted on 2 December 2002 on the Commission’s consumer policy strategy 2002-2006 included a call for the  Commission to take further steps in the light of this second consultation and the Brussels European Council of 20-21 March 2003 called for consumer policy to put empowered consumers at the heart of a competitive internal market, giving appropriate follow-up to the Green Paper. The European Parliament adopted three resolutions relating to the Green Paper and follow-up communication on 13 March 2003 which expressed  support for reform based on a framework directive governing unfair commercial practices and included calls for the Commission to make a  proposal as soon as possible.

5. On 22-23 January 2003 the Commission held a workshop attended by over 150 people, including Member States’ representatives, consumer  and industry associations and academics. The panellists and other participants discussed the case for reform and for harmonisation through a framework directive, the relationship between unfair competition and consumer protection, and the role of codes of conduct.

II. General Information

Title

Directive 2005/29/EC 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

Abbreviations
Unfair Commercial Practices Directive
Status
Existing
Directive
2005/29/EC
Source
O.J. EC No L (Legislation), Edition 149, Year 2005, p.22 - 39
Adoption
05/11/2005
Promulgation
06/11/2005
Character
Regular Act
Legal Basis
Art. 251 EC
Legislative Procedure
Codecision procedure

III. Versions and Legislative History

1. Versions

Titel
Allg. Daten
Textfassung

Original Text Unfair Commercial Practices Directive:
Directive 2005/29/EC 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

  2005/29/EC

Beschluss:
05/11/2005 (A)
Verkuendung:
06/11/2005 (P)
(A) Adoption | (P) Promulgation

2. Legislative History

Datum
Typ / Titel
Textfassungen
02/24/2005
Position of the European Parliament
ABL. 2005 No. C 304E, p. 351
02/15/2005
Council Common Position
ABL. 2005 No. C 38E, p. 1
04/30/2004
Report of the European Parliament - 1st reading
ABL. 2004 No. C 104E, p. 260
04/29/2004
Opinion of the European Economic and Social Committee
ABL. 2004 No. C 108, p. 81
06/18/2003
Proposal
COM (2003) 356 final

3. Legal Impact

Auswirkungstyp
Richtlinie
Textfassungen
Amendment
  Regulation (EC) No 2006/2004
Amendment
  Directive 2002/65/EC
Amendment
  Directive 98/27/EC
Amendment
  Directive 97/7/EC
Amendment
  Directive 84/450/EEC

IV. Umsetzung in den Mitgliedstaaten

1. Implementation in Germany

(A) Adoption | (P) Promulgation

Legend

Legislative Act Status

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Overview

I. Description
II. General Information
III. Versions and Legislative History
1. Versions
2. Legislative History
3. Legal Impact
IV. Umsetzung in den Mitgliedstaaten
1. Implementation in Germany