IPPT20110630, CJEU, Wamo v JBC21-11-2011 Print this page
UNFAIR COMMERCIAL PRACTICES
Applicability of Unfair Commercial Practices Directive limited to consumer protection
• Before replying to the question referred, it is important, as a preliminary point, to establish whether Article 53(1) of the LPPC, which constitutes ratione temporis the relevant provision to the facts in the main proceedings, pursues objectives relating to consumer protection so that it comes within the scope of the Unfair Commercial Practices Directive.
General prohibition of announcements of price reductions during period preceding sales precluded
• that the Unfair Commercial Practices Directive must be interpreted as precluding a national provision, such as that at issue in the main proceedings, which provides for a general prohibition of announcements of price reductions or announcements suggesting such reductions during the period preceding sales, in so far as the provision pursues objectives relating to consumer protection. It is for the national court to determine whether that is the situation in the case in the main proceedings.