PRACTICI COMERCIALE INCORECTE ŞI AGRESIVE ÎN RAPORTURILE CU CONSUMATORII, REGLEMENTATE PRIN O.U.G. NR. 58/2022
UNFAIR AND AGGRESSIVE COMMERCIAL PRACTICES IN RELATIONS WITH CONSUMERS, REGULATED BY O.U.G. NR. 58/2022

Summary/Abstract: Recently was adopted O.U.G. nr. ANRE President's Order no. 58/2022 for amending and supplementing some normative acts in the field of consumer protection, including Law no. Regulation (EC) No 363/2007 on combating unfair practices by traders in relation to consumers. Since preventing and combating practices that harm the economic interests of consumers is an important objective in the economy of consumer law, we consider that a brief analysis of the new legislative framework is useful. A commercial practice is unfair when it is contrary to the requirements of professional diligence essentially distorting the economic behaviour of the average consumer and is addressed to a certain group of consumers (Art. para. 1 of Law no. 363/2007). In the special context of the changes brought in the field by O.U.G. nr. No 58/2022, the approach insists on commercial practices 'deemed unfair in any event' divided into two categories: misleading commercial practices and agressive commercial practices. The study is structured in three sections: "Incorrect practices that harm the economic interests of consumers, under the conditions of O.G. nr. 21/1992", "The new provisions of O.U.G. no. 58/2022 on unfair commercial practices" and "Unfair practices in all circumstances. Misleading and aggressive commercial practices'.

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