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Public regulation of business practices
Ptáčková, Marta ; Patěk, Daniel (advisor) ; Josková, Lucie (referee)
The aim of this thesis is to examine the highly topical subject of regulation surrounding commercial practices. This examination is divided into four chapters. The first chapter looks at the notion of commercial practices by considering both the linguistic and legal definition of the term, and the importance of the regulation is proved. The second chapter deals with the question of division of law into its public and private counterparts. The discussion of the consequences of this division are crucial for a better analysis of the actual implementation of the EU Directive 2005/29/CE on unfair commercial practices. In the third chapter, the scope of application of this Directive is analysed and the main principles of regulation are described. The final section focuses on the Czech law on unfair commercial practices. In this segment, the text of the provisions of the Czech Code of Consumer Protection is compared to the Directive, and the system of legal redress and sanctions in the Code of Consumer Protection is critically analysed. The legal regulation of "promotional events", during which the ban of unfair commercial practices is often breached, is placed under scrutiny. The Directive was also implemented into the Code of Regulation of Advertisement. One subchapter of the fourth chapter is therefore...
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European law against unfair competition
Kaštánková, Jitka ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
European Law Against Unfair Competition Abstract The diploma thesis deals with the "European law against unfair competition" and the emphasis is placed on providing understandable and comprehensive summary of European law represented by two leading directives of the European Union. The first one is called Unfair Commercial Practices Directive and it focuses on relations between businesses and customers, while the second one, called Misleading and Comparative Advertising Directive, concentrates on business to business relations. Moreover, the realm of unfair competition is richly complemented by the jurisprudence of the Court of Justice of the European Union, which dedicates many of its rulings to this problematic due to its indispensable significance. The content of diploma thesis is divided into several chapters. The chapter following the Introduction gives brief definitions of the terms typical for this branch of law, for example competition or average consumer. The third chapter takes into account historical development of unfair competition at European union level and its direct impact to Czech legislation. For this reason, the fourth chapter includes a short discourse about unfair competition from the point of view of the latest Czech Civil Code. Questions relating to consumers and protection of their...
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European law against unfair competition
Hobzová, Anna ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
European law against unfair competition This diploma thesis deals with the regulation of European law against unfair competition in the Directive on unfair commercial practices as well as in the Directive concerning misleading and comparative advertising. The aim of this thesis is to provide a comprehensive explanation of the areas of the law against unfair competition regulated by these directives with regard to relevant jurisprudence of the Court of Justice of the European Union, another objective is to evaluate the success of transposition of this regulation into czech national law. After the introductary part, the thesis is diveded into six chapters. The first chapter briefly defines the status of the law against unfair competition in the legal system, interprets the basic terms and describes the role of the Court of Justice of the European Union. The second chapter is dedicated to the evolution of the law against unfair competition at the level of European Union. The third chapter is dedicated to misleading advertising and its regulation by the Directive concerning misleading and comparative advertising, the fourth chapter is dedicated to comparative advertising regulated by the same directive. The fifth chapter deals with unfair commercial practices in business to consumer relations regulated...
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European Law Against Unfair Competition
Najman, Ondřej ; Patěk, Daniel (advisor) ; Pelikán, Robert (referee)
European Law Against Unfair Competition Abstract The scope of this thesis is intended to cover mainly two branches of the European law against unfair competition. Those two branches were recognized in (i) business-to- business relations governed mostly by the European Union Directive 2006/114/ES and in (ii) business-to-consumer relations governed by the European Union directive 2005/29/ES respectively. Taking in consideration the above-said, it can be stated that this thesis predominantly analyzes what should be in more precise way called as "European Union law against unfair competition". The thesis is divided into ten chapters while five of them should be considered as the leading ones. First of them is the chapter number five dedicated to B2B relations. The author examines the respective directive 2006/114/ES also to the extent of its relevant jurisprudence of the European Court of Justice. The same approach was chosen to describe functioning of B2C relations under directive 2005/29/ES in chapter number seven. Chapter number six focuses on so called "Average Consumer" model that has been found as one of the most important elements of EU law against unfair competition. Because of its exceptional relevance, chapter six deals with the average consumer in a very detail, emphasizing important role of the...
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Community law against unfair competition
Nathanielová, Nicole ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Resumé Community Law Against Unfair Competition The purpose of my thesis is to analyze the European legislation on unfair competition, its application by Court of Justice of the European Union (hereinafter referred to as "CJ EU") and its implementation into Czech law. The thesis is composed of six chapters. Chapter One is dedicated to the general explanation and description of the unfair competition and its subjects. Chapter Two examines the background and evolution of the harmonization process on unfair competition on European level and summarizes present applicable directives. It also provides a brief note on respective Czech regulation in which these European directives were implemented. Chapter Three is dedicated to the subject of misleading advertising as defined by the Directive 2006/114/EC. The first part of this chapter provides a description of misleading advertising, second part illustrates the approach of CJ EU in its decisions. Third part is concerned with the Czech regulation of misleading advertising while it can be concluded that Czech regulation is sufficient according to required European standard without further need of implementation. Chapter Four is concerned with the comparative advertising and is subdivided into three main parts. Its first part contains a summary of conditions under...
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The Business Tactics Used by Businessmen During the Demonstration Events
PACALOVÁ, Aneta
The bachelor thesis deals with the problems of unfair commercial practices which are used by businessmen during the demonstration events on mentally or physically disabled individuals and seniors. The theoretical part of this work is focused on basic aspects of consumer's protection, consumer organisations and institutions providing advice and information. It deals with the actual course of the demonstrations and manipulative practices used by dealers. It also briefly informs of marketing research. In the practical part there is applied a questionnaire survey which finds the experience of seniors with demonstration events. The aim of the research is to summarize collected information that is complemented by measures designed to reduce the negative impacts of improper action on the elderly.
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Consumer protection - unfair commercial practices
Laurenčíková, Emma ; Zeman, Jiří (advisor) ; Filipová, Alena (referee)
The goal of the bachelor thesis is to analyse the current legal regulation of consumer protection in Czech Republic and European Union, to compare eventual differences and after that to map the views of Czech consumer on this topic. The comparison concerns also the definition of consumer, which achieved the maximum unification after enactment of the Consumer Rights Directive in 2011. The thesis deals with unfair commercial practices focusing on the term since the implementation of the Unfair Commercial Practices Directive. In the last part the thesis contains analysis of a research based on questionnaire concerning perception and opinions of Czech consumers on consumer protection and unfair commercial practices. The questionnaire also examines knowledge of consumer rights in four specific cases. Finally, the results are compared with Eurobarometer researches 2011.
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The Legal Protection of Consumer with a Focus on Unfair Commercial Practices
Rysová, Markéta ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
Consumer protection is starting to be more and more important today because ordinary customer has to deal with lot of different kinds of illegal commercial activities. The goal of this bachelor thesis has been to describe common illegal commercial practices and the way how can consumer protect himself from them. Author's effort was to contribute to the awareness of consumers and therefore to improve their protection. Thesis introduced in detail the issue of consumer protection, statutes of the Czech Republic and directives of the European Union connected to this topic and also concrete cases of unfair commercial practices and particular legal cases. The surmise of this bachelor thesis has been that the statutes of the Czech Republic and norms of the European Union protect consumers adequately, but that consumer himself is not sufficiently informed. This surmise has been proved by an analysis of current Czech and EU measures. Conclusion of this bachelor thesis therefore is, that responsible Czech and EU authorities should focus more on the education of consumers, because their awareness is the key part of the consumer protection against unfair commercial practices.
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Consumer misleading in the field of food labeling
Nezgodová, Lenka ; Boháček, Martin (advisor) ; Wimrová, Hana (referee)
This thesis deals with consumer misleading in the field of food labeling. The goal of the thesis was to determine specific products that may mislead consumers by their location and label in particular hypermarkets in Prague and Frýdek-Místek. Analysis of the potential misleading of the consumers has three parts -- examining of an obligatory information on the product package, checking of the location of the products in the shops, and the questionnaire. One part of the thesis deals with law (acts, judgements and other regulations) in the field of food labeling and misleading the consumer.
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Unfair commercial practices in european and czech legal regulations and in practice of the courts
Štouračová, Vanda ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The bachelor thesis deals with charting of unfair commercial practices on consumer. Initially there are described unfair commercial practices in legal regulations of EU and Czech Republic and distinguished into misleading and agressive practices. There is also included description of misleading advertising. Besides unfair commercial practices there are described businessunlike commercial practices boundaring with legal regulations. Lastly there are stated chosen European and Czech court decisions and through them are shown aforesaid unfair commercial practices on particular judgements in practice.
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