THE ESSENTIALITY OF A LARGE HAND LUGGAGE 373 Given the strategic role of communication within the community policy, the European Parliament and the Council, following the issue of the Green Paper40 on commercial communication and of the European Commission’s Consumer Protection White Paper41, approved the Directive No. 29, of 11 May 2005, on the subject of “unfair commercial practices between businesses and consumers in the internal market” which amended the EEC Directive 84/450, the EC Directives 97/7, EC 98/27 and EC 2002/65, as well as ECRegulation 2006/2004 of the European Parliament and of the Council. The aim of the Directive is to protect consumers and hence free competition through a strong degree of harmonisation42. Whereas 12 states that, “Harmonisation will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating all aspects of unfair commercial practices across the EU. The effect will be to eliminate the barriers stemming from the fragmentation of the rules on unfair commercial practices harming consumer economic interests and to enable the internal market to be achieved in this area”43. The Directive was implemented in Italy with Legislative Decree No. 146 of 2 August 2007, which amended Articles 18-27 of the Consumer Code, Legislative Decree No. 206/2005, and inserted the Articles 27-bis, ter and quater, and with Legislative Decree No. 145, of 2 August 2007, which governs misleading advertising for professionals, therefore excluded from the Consumer Code44. Subsequently, with the D. L. No. 1, of 24 January 2012, converted into Law No. 27 on 24 March 2012, the prohibition of unfair commercial practices was 40 Green book “Commercial communication in the internal market”, COM (96) 0192(4-0365)96, in OJ c-286 of 22 September 1997. The Green Paper proposes “to clearly identify the interventions necessary for the full application of the single market in the field of commercial communication”. M. Monti at the time Commissioner responsible for the internal market. www.europa.eu/rapid/press-realease_IP-96-396.it. 41 (COM (2001) 531-C5-0295/2002). 42 As regards the definition of consumer and average consumer, see: G. Alpa, Introduzione (Introduction), in G. Alpa & A. Catricalà (ed.), Diritto dei consumatori (Consumer Law), Bologna, 2016, p. 17; L. Rossi & Carleo, Diritto dei consumi (Consumer Law), Tourin, 2015; P.F. Giuggioli, Il contratto del consumatore (The consumer contract), in Tratt. Sacco, Tourin, 2012, p. 80; V. Zeno-Zencovich, Consumatore (Dir. Civ.) (Consumer Civil Law), in Enc. Giur., IX, Roma, 1988; N. Irti, L’ordine giuridico del mercato (The legal order of the market), Roma- -Bari, 1998, p. 50; P. Perlingeri, Il diritto civile nella legalità costituzionale secondo il sistema italo-comunitario (Civil Law in constitutional legality according to the Italian-Community system), Naples, 2006, p. 511. 43 On the benefits of harmonisation, see: G. De Cristofaro, La direttiva 2005/29/CE (Directive 2005/29/ EC), in G. De Cristofaro (ed.), Pratiche commerciali scorrette e codice del consumo (Unfair Commercial Practices and Consumer Code), Tourin, 2008. 44 See C. Granelli, Il codice del consumo a cinque anni dall’entrata in vigore (The Consumer Code five years after its entry into force), in Obbligazioni e contratti, 2010, p. 731.
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