Brussels, 17/07/2015 (Agence Europe) - On Thursday 16 July, the European Commission decided to continue the infringement procedure against Austria for persistent failure in its obligation correctly to transpose into national law the EU legislation on unfair trade practices by businesses towards consumers (directive 2005/29/EC).
Directive 2005/29/EC brought in a raft of proposals governing trade practices in the single market, to standardise the rules professionals which must abide by throughout the EU and to guarantee a high level of consumer protection. This directive contains an exhaustive blacklist of practices forbidden under all circumstances and also prohibits practices which, on the basis of a case-by-case assessment, are deemed misleading, aggressive or otherwise unfair.
Currently, Austria bans the sale of certain products when a professional visits the home or workplace of a consumer and for publicity events organised outside the retail sales premises of the professional. This is the case without assessing whether the professional in question is carrying out any misleading, aggressive or otherwise unfair practices. The ban covers, for instance, the sale of dietary supplements or sales in favour of charity organisations (it was recently lifted for cosmetic products).
Despite receiving a letter of formal notice, the Austrian authorities have not yet done the necessary to remedy the situation. Austria will receive a reasoned opinion (second stage of the procedure) calling on it to bring its national legislation into line with the provisions of this directive. It will have two months to do so, or the Commission may bring Austria before the Court of Justice (third stage). (Aminata Niang)
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