11.12.2012   

EN

Official Journal of the European Union

CE 380/128

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having regard to its resolution of 16 December 2008 on misleading directory companies (Petitions 0045/2006, 1476/2006, 0079/2003, 0819/2003, 1010/2005, 0052/2007, 0306/2007, 0444/2007, 0562/2007 and others) (1),

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having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.

whereas Parliament has received more than 400 petitions concerning widespread misleading business practices by business directory companies affecting thousands of mostly small businesses in the European Union, with a significant financial impact; whereas Parliament continues to receive petitions and complaints about business directory companies,

B.

whereas the misleading business practices in question typically consist in luring businesses, as well as professionals and non-profit entities, into being listed in a business directory free of charge; whereas signatories later discover that they have signed up to a contract with a fee,

C.

whereas the business directory companies are often established in a different Member State from that of their victims, making it difficult for the latter to seek protection and/or redress from national authorities,

1.

Regrets that Directive 2006/114/EC (2) on misleading and comparative advertising, which applies to business-to-business transactions, appears to be either insufficient in providing an effective remedy or inadequately enforced by Member States;

2.

Recalls that, although the Commission has no power to enforce the Directive directly against individuals or companies, it does have a duty to ensure that the Directive is adequately implemented by Member States;

3.

Calls on the Commission to proactively verify Member States' transposition, implementation and national enforcement of Directive 2006/114/EC and take corrective action where needed;

4.

Urges the Commission to speed up its activities with regard to revising and improving the Directive and other relevant legislation so as to put an end to the misleading practices of business directory companies as soon as possible, notably by specifically black-listing misleading practices by business directories;

5.

Instructs its President to forward this resolution to the Commission.