The information herein is of a general nature only and does not specifically address any particular individuals or entities. The views expressed in this document cannot prejudge the position that the European Commission might take before the Court. This Notice takes into account rulings of the Court published until October 2021 and cannot prejudge further developments of the Court’s case law. Any authoritative reading of the law has to be derived from the text of the Directive and directly from the decisions of the Court. This Notice is intended purely as a guidance document – only the text of the Union legislation itself has legal force. References to the EU, the Union or the Single Market should therefore be understood as referring to the EEA, or to the EEA market.

This Notice is addressed to the EU Member States and to Iceland, Liechtenstein and Norway as signatories of the Agreement on the European Economic Area (EEA). Where quotations from the text of the Directive or from Court rulings contain visual highlighting, such emphasis has been added by the Commission. The relevant sections and points are clearly indicated. Accordingly, a part of this guidance reflects and discusses the rules that have not yet entered into application as of the date of issuance of this Notice. It covers the amendments introduced by Directive (EU) 2019/2161 of the European Parliament and of the Council ( 3) as regards the better enforcement and modernisation of Union consumer protection rules that enter into application from. The Notice also aims at increasing awareness of the Directive amongst all interested parties, such as consumers, businesses, the authorities of the Member States, including national courts and legal practitioners, across the EU. It builds upon and replaces the 2016 version of the Guidance ( 2). The purpose of this Guidance Notice (hereinafter referred to as ‘Notice’) is to facilitate the proper application of the Directive. It applies to all commercial practices that occur before, during and after a business-to-consumer transaction has taken place. Issues relevant in particular to travel booking websitesįinancial services and immovable propertyĭirective 2005/29/EC of the European Parliament and of the Council ( 1) on unfair business-to-consumer commercial practices in the internal market (‘the UCPD’) constitutes the overarching piece of EU legislation regulating unfair commercial practices in business-to-consumer transactions. Issues relevant in particular to car rental Issues relevant in particular to air transport Intermediation of consumer contracts with third parties Online platforms and their commercial practices Interplay with other EU legislation on environmental claimsĪpplication of Article 6 of the UCPD to environmental claimsĪpplication of Article 7 of the UCPD to environmental claimsĪpplication of Article 12 of the UCPD to environmental claimsĪpplication of Annex I to environmental claims Persistent marketing by a remote tool – No 26ĪPPLICATION OF THE UCPD TO SPECIFIC FIELDS Reselling events tickets acquired by automated means – No 23a Products which cure illnesses, dysfunctions and malformations – No 17 Products which cannot legally be sold – No 9 Material information in invitations to purchase – Article 7(4)Īrticles 8 and 9 - aggressive commercial practicesīLACK LIST OF COMMERCIAL PRACTICES (ANNEX I) The factual context and limits of the communication medium used

Material information provided in an unclear manner Hidden marketing/failure to identify commercial intent The functioning of the UCPD – Directive flowchartĪfter-sales practices, including debt collection activities The relationship between the UCPD and self-regulationĪpplication of the UCPD to traders established in third countries

Interplay with the Platform-to-Business Regulation Interplay with the EU Charter of fundamental rights Interplay with Articles 101-102 TFEU (EU competition rules) Interplay with the General Data Protection Regulation and the e-Privacy Directive Interplay with the Audiovisual Media Services Directive Interplay with the Misleading and Comparative Advertising Directive Interplay with the Price Indication Directive Interplay with the Unfair Contract Terms Directive Interplay with the Consumer Rights Directive Information established by other EU law as ‘material’ information Interplay between the Directive and other EU law National legislation concerning commercial practices but protecting interests other than consumers’ economic interestsĬommercial practices which relate to a business-to-business transaction or which harm only competitors’ economic interests Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market

Star stable codes dec 2021