PROFESIONALNA PAŽNjA: PRAVNI STANDARD ZA UTVRĐIVANjE POSTOJANjA NEPOŠTENE POSLOVNE PRAKSE

Abstract

The subject of this paper is the analysis of the standard of professional diligence, as one of the requirements for the existence of unfair commercial practice in the EU law and Serbian law. The author in this paper analyses the concept of professional diligence in the EU Directive on unfair commercial practice, as well as in the Law on Consumer Protection of the Republic of Serbia from 2014. The special attention has been dedicated to the interpretation of standard of professional diligence by the Court of Justice of the European Union, to the relationship of this standard with the standard of care of good professional in the Serbian law, as well as to the concept of good usages in the Serbian law which have been used in definition of professional diligence. At the end of the paper, the author concludes about the meaning and role of professional diligence in the EU law and Serbian law.