Dragan Zlatović

UNFAIR BUSSINES PRACTICE IN LEGAL SYSTEMS OF CROATIA, BOSNIA AND HERZEGOVINA AND SLOVENIA

A commercial practice is an activity linked to the promotion, sale or supply of a product to consumers. It covers any act, omission, course of conduct, representation or commercial communication – including advertising and marketing – which is carried out by a trader. If it is unfair, this means it is deemed to be unacceptable with regards to the consumer, according to specified criteria. There are 2 main categories of unfair commercial practices – "misleading" and "aggressive" practices. The practices are assessed in light of the effect they have, or are likely to have, on the average consumer. In this article author gives an overview of how the Directive 2005/29/EZ has been transposed in the EU countries (Slovenia and Croatia) and the main transposition problems detected in Bosnia and Herzegovina.

Key words: unfair commercial practice, Directive 2005/29/EC, misleading, aggressive practice