CJEU defines 'misleading' and 'transactional decision' in Directive 2005/29

25-12-2013 Print this page
IPPT20131219, CJEU, Trento Sviluppo v AGCM

UNFAIR COMMERCIAL PRACTICES

 

A commercial practice is misleading where that practice contains false information, or is likely to deceive the average consumer, and is likely to cause the consumer to take a transactional decision that he would not take otherwise. A transactional decision is any decision directly related to the decision whether or not to purchase a product.


"30. Since the misleading commercial practices referred to in Article 6 of Directive 2005/29 constitute a specific category of unfair commercial practices, referred to in Article 5(2) of that directive, they must necessarily combine all the constituent elements of such unfairness, including, in consequence, the element relating to the ability of the practice to materially distort the economic behaviour of the consumer by causing him to take a transactional decision that he would not have taken otherwise.


33. Consequently, for a commercial practice to be classified as ‘misleading’ for the purposes of Article 6(1) of Directive 2005/29, it must inter alia be likely to cause the consumer to take a transactional decision that he would not have taken otherwise.


36. It is apparent from the very wording of Article 2(k) of Directive 2005/29 that the concept of ‘transactional decision’ is broadly defined. In the words of that provision, ‘any decision taken by a consumer concerning whether, how and on what terms to purchase’ is a transactional decision. That concept therefore covers not only the decision whether or not to
purchase a product, but also the decision directly related to that decision, in particular the decision to enter the shop."

 

IPPT20131219, CJEU, Trento Sviluppo v AGCM

 

C-281/12 - ECLI:EU:C:2013:859