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1 Wroclaw Rev. L. Admin. & Econ. 1 (2011)

handle is hein.journals/wrorwolwa1 and id is 1 raw text is: VE EGRUYTER OPEN ' 9 $ RYTERWroclaw Review of Law, Administratin &Economics THE IMPLICATIONS OF ADOPTING THE MODEL OF COMPLETE HARMONIZATION (A CASE STUDY) ROBERT STEFANICKI* INTRODUCTION A new challenge for national legislation and law enforcement organs is basing certain directives on the model of complete harmonization. It is a source of inspiration owing to the fact that it will have a strong impact on the enforcement of contract law. European Parliament and Council Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council forms a common legal framework for the whole European Union in relation to issues of commercial practices applied by traders in sales and the promotion of goods and services. The essence of the Directive consists of a general ban on unfair practices. The substantive aspect of the legal solutions means the Member States cannot derogate the transposition process, so there shall be no modification of the level of protection in domestic law provided by the Directive. The material has been limited to the Court's interpretation of the 2005 Directive. This is the first legislative solution in EU law regulating the integrity of the sphere of fair market practices, aimed directly at consumers. The conclusions of the legal ruling may be a valuable guideline for national legislation and jurisprudence, and a contribution to legal discourse. I. In connection with the reliance of the Directive on the complete harmonization clause, significant difficulties appear in the practical application of the transposed legislation'. The question is raised of the more DOI: 10.2478/wrlae-2013-0036 * Professor of Law; Department of Commercial and Business Law, University of Wroclaw. robert.stefanicki@ prawo.uni.wroc.pl 1 Christiane Wendehorst,'Das deutsche Umsetzungskonzept fur die neue Verbraucherkreditrichtlinie' (2011) 2 Zeitschrift fur europaisches Privatrechts 267ff and 1

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