Abstract

In the European Union, member states should provide national legislation that prohibits a trader to act unfairly towards a consumer if he carries out commercial practices that are not in line with the required competence and care requirements. According to the law, each act, omission, behaviour, representation of facts or commercial communication by a trader that relates to the sales promotion of a product to consumers, falls under the term ‘Commercial practice’. Therefore, the doctrine should interpret this term thoroughly. If a commercial practice is misleading or aggressive, it is particularly deemed to be unfair. Unsolicited supply of goods is a practice in which products supplied by the trader, but not solicited by the consumer or services are sent to consumers in the expectation that many will prefer to purchase rather than to return them; the practice is considered undesirable and legislation protecting consumers has been enacted.