Communication of erroneous information to only one single consumer is misleading commercial practice

17-04-2015 Print this page
IPPT20150416, CJEU, Nemzeti v UPC

UNFAIR COMMERCIAL PRACTICES
 

Communication, by a professional to only one single consumer, of erroneous information is a ‘misleading commercial practice’


"60 the Unfair Commercial Practices Directive must be interpreted as meaning that the communication, by a professional to a consumer, of erroneous information, such as that at issue in the main proceedings, must be classified as a ‘misleading commercial practice’, within the meaning of that directive, even though that information concerned only one single consumer."

 

If there is a misleading practice it is not necessary to determine whether such a practice is also contrary to the requirements of professional diligence

 

"61 if a commercial practice meets all of the criteria specified in Article 6(1) of that directive for classification as a misleading practice in relation to the consumer, it is not necessary further to determine whether such a practice is also contrary to the requirements of professional diligence, as referred to in Article 5(2)(a) of that directive, in order for it legitimately to be regarded as unfair and, consequently, prohibited in accordance with Article 5(1) of that directive."

 

IPPT20150416, CJEU, Nemzeti v UPC

 

C‑388/13 - ECLI:EU:C:2015:225