Dyrektywa 2005/29/WE o nieuczciwych praktykach handlowych w świetle najnowszego orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej - część II
The Directive 2005/29/EC on Unfair Commercial Practices in the light of the latest case-law of the Court of Justice of the European Union – part II

Summary/Abstract: This paper is the continuation of the scrutiny of the latest case-law of the Court of Justice of the European Union concerning Directive 2005/29/EC on unfair commercial practices. The issues covering the relationship between Directive 2005/29/EC and other union and national regulations were discussed in the first part published in „Studia Prawnicze INP PAN” 1/2021, while in this text matters regarding the objective scope of the Directive are presented. In this context the article analyses 17 judgements of the CJEU delivered in 2016–2021. Obviously, most of them were related to more than one of the aspects of the Directive’s regulation, therefore the author made an attempt of the ordering of legal threads, which were the subject of the CJEU’s acquis, and assigning them to the respective ranges of the Directive. Thus in this paper issues concerning the interpretation of the notions „commercial practice” and „product”, as well as elements of the Directive’s structure, i.e. annex I, the big and the small general clauses, were raised.

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