The ECJ Fines Spain For Non-Fulfilment Of The Obligation To Adapt The Directive On Unfair Trade Practices

28 May 2009

The deadline for transposition of Directive 2005/29/EC expired on June 12, 2007.

The Court of Justice ruling dated April 23, 2009, further matter C-321/08, determined that the measures required to guarantee the adaptation of the national legal system to the Directive had not been adopted by the deadline. It was therefore determined that Spain had not fulfilled the obligations incumbent upon them pursuant the Directive in view of their failure to approve the legal, statutory and administrative provisions needed to comply with same.

The directive establishes a “black list” of unfair trade practices outlawed throughout the EU. Said list includes practices such as pyramid schemes, unsolicited supply, bait advertising (advertising products which are not actually in stock) or the inclusion of a direct appeal to children in an advertisement.

For further information, please contact Eric Jordi: