§ 3a UWG: Marktverhaltensregelungen zum Schutz Minderjähriger

Finding an answer to the question of which primary regulations can be qualified and therefore transformed to fair trading law as market behaviour regulations for the protection of underage consumers has always been difficult. Not only since the implementation of the UGP directive, literature has increasingly considered the view that child and youth protection regulations do not exhibit a protective function benefitting underage consumers and therefore do not relate to the competitive market. This work investigates which child and youth protection regulations fall into the scope of application of the offence of breach of law. In addition, the author discusses whether the applicability of para. 3a UWG in cases of a breach of market behaviour regulations for the protection of minors is contrary to the requirement of the UGP directive for full harmonization of the consumer protection related fair trading law.