The faithlessness in the commercial communications

Abstract

The definition of the concept of “commercial practices with consumers
and users” can be found in the second record of the article 19.2 TRLGDCU and is
defined as every commercial act, omission, behavior, manifestation or communication, including advertising and merchandising. Hence the importance of delimiting what has to be meant by commercial communication. To be able to analyze the commercial communications by the point of view of their untrustworthiness towards the consumer and the user it is essential delimiting the meaning of the word by means of the examination of both the European regulation of the commercial (the Green Book on the commercial communications in the internal market and the Directive on electronic commerce) and the national one (LODC and LSSICE among others). In the meanwhile, it is necessary to differentiate the two great kinds of commercial communications actually used: the electronic commercial communications and the non-electronic ones. After having conducted a legislative analysis, supported by several doctrinarian and jurisprudential studies, we will focus on the untrustworthiness of the electronic commercial communications. We will particularly highlight, devoting to it the greatest part of this study, the commercial unfair practice that is regulated by the article 29 LCD. This is so because the aforementioned article regulates the aggressive commercial practices in the case of harassment brought about through electronic media, a situation identical to the one regulated by the LSSICE. For this reason it emerges a special interest in the observation of the connections and, especially, of the functional and ruling autonomy of the two precepts. Finally, through the STJUE of 2011, May the 12 (record C-122/10) we analyze the untrustworthy electronic commercial communications whose untrustworthiness in caused, this time, by an omission of information.