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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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The concept of an average consumer under Czech and European law
Jedlinský, Jakub ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...
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The concept of an average consumer in Czech and European law
Plavjaniková, Kateřina ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
The theme of my thesis is "The concept of an average consumer in the Czech and European law." The concept of a consumer and its evolution is explained in the first chapter. In the Czech legislation, I focused on the consumer in terms of private and public law. The notion of the consumer is explained from the perspective of the Czech law, the French legislation and, ultimately, the European legislation. Furthermore the French Consumer Code is discussed and its advantages and disadvantages in a light of the German model of consumer law, which is included in the Czech legislation. Finally, I have studied the impact of the European case law on the development of the concept of the consumer and possible proposals for consumer law de lege ferenda. In the second part, the attention is paid to the average consumer. The work deals with its origins in the Czech, German and European case law. Thesis describes a development from an empirical approach, when sociological surveys were used in assessing the impact of business practices, to the normative concept of an average consumer, which is applied consistently with regard to the decision-making practice of the Court of Justice of the EU. The average consumer is a legal construct, an exemplary consumer, from which is expected a certain degree of attention,...
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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
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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The concept of an average consumer under Czech and European law
Jedlinský, Jakub ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
1 The concept of an average consumer under Czech and European law RESUMÉ: The thesis is focused on the role of a so called average consumer under the law of unfair competition; namely concerning advertising and misleading labelling. The concept of an average consumer is being analysed under written law as well as in jurisprudence. The Czech and European laws are emphasized but other legal systems are also mentioned. A description of a current situation and history of the concept are accompanied by considerations de lege ferenda. Mainly the term consumer is being criticized as not quite suitable within the context of unfair competition. Unlike under the contract law, here the consumer does not represent an acting entity but a target or a prey. The current trend of weakening consumer's position-and therefore exaggeration's easing in advertising-is also criticized. Generally speaking, the advertising as such is being denounced; in particular because it harms the consumer and thus it is buck passing to speak about a consumer's protection while protecting and helping a competitor in reality. The thesis deals with practical impacts of misleading labelling on a consumer (and/or a competitor). According to its own methodology, it divides the misleading labelling into three categories: promotional, unsatisfactory...
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The concept of an average consumer in Czech and European law
Kousalová, Martina ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
RESUMÉ The concept of an average consumer in Czech and European law The aim of this diploma thesis called "The concept of an average consumer in Czech and European law" is to describe current trends in conceptualization this term. Methods used in this diploma thesis to achieve the defined objectives are the analysis of Czech and European legislation and both Czech and Communitarian case law. There were used monographic and comparative methods too. The initial part of the thesis describes the terms consumer and the average consumer are affected by secondary Communitarian legislation and case law of the Court of Justice of the European Union as well as by the case law of courts of the European Union members states. Another aim of the diploma thesis is to highlight that the model of average consumer needs to be viewed differently depending on in which area of economic competition it is currently located at. It is subjected to diverse claims in various areas. This was proved by several judicial cases. The function of the model of average consumer is to be a substitute for all consumers. Consumers' protection is provided through this model. As it is important to emphasize, the average consumer is just a model and does not strictly remain a legal person. The case analysis and comparisons led to the definition of...
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Misleading advertising from the point of view of average consumer
Hobzová, Anna ; Štěpánek, Petr (advisor) ; Vavrečka, Jan (referee)
This bachelor's thesis deals with the European legislation of consumer protection from misleading advertising using the institute of average consumer. The objective is to determinate whether the institute in its current form works efficiently and really protects the consumer. After explanation of basic terms and application of the method of average consumer on some specific situations, the thesis concludes, that the current way of using average consumer is not sufficient. The thesis also brings a possible solution created by the author.
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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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Consumer protection within the case law of the Court of Justice of the European Union
Rázlová, Aneta ; Grmelová, Nicole (advisor) ; Neděla, Radek (referee)
The term "average consumer" is relatively new and unknown. The aim of this thesis is to introduce the development of the concept and its usage within the case law of the Court of Justice of the European Union. I deal with definition of basic Czech terms as well as European terms in the first part of the thesis. Then I explain work and tasks of European courts. In the second part of the thesis I outline the most important cases which have changed the view of consumer and his behavior and perception during almost 40 years. This development through the case law has led to the creation of a new special term "average consumer". It is shown how this term is used in the area of consumer protection or protection of competition in the thesis.
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