Unfair commercial practicesPrint this page
Parallel importer of a self-diagnosis device is not obliged to carry out a new assessment in the importing Member State to certify the conformity of the labelling and the translation of the instructions for its use, when that device has already been subject to a conformity assessment by a notified body and it bears a CE marking
Obligation to indicate total price and price per weight unit on labels is not in conflict with the freedom to conduct a business ex article 6(1) TEU and article 15(1) and 16 of the Charter. Limitations to freedom of conducting a business proportionate to aims Regulation. Obligation to provide information on labels of the same article concerning the marketing standards for meat and poultry is not in conflict with the principle of non-discrimination ex article 40(2) TFEU. Compared products belong to different agricultural sectors.
Unfair commercial practices: It has to be assumed that consumers read the list of ingredients of the product before purchase.The presence of a list of ingredients does not in itself exclude the possibility that the labelling is misleading. Directive 2000/13 precludes misleading labelling, even though the actual contents are apparent from the list of ingredients.
Communication, by a professional to only one single consumer, of erroneous information is a ‘misleading commercial practice’. 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.
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
IPPT20131017, ECJ, RLvS v Stuttgarter Wochenblatt
Advertisements: unfair Commercial Practices Directive does not preclude the application of a national provision under which those publishers are required to use the term ‘advertisement’ for advertisements, unless it is evident from arrangement and layout of the publication that it is an advertisement.
IPPT20131003, CJEU, BKK v Wettbewerbszentrale
Terms of provision: terms of a provision of EU law which makes no express reference to the law of the Member States must be given an autonomous and uniform interpretation throughout the European Union, taking into account the context of the provision and the purpose of the legislation in question.
Trader: public body entrusted with a task of general interest, such as management of compulsory health insurance is a “trader” within the meaning of the Unfair Commercial Practices Directive.
Unfair commercial practices: if a practice can be categorized as a misleading practice, it is not necessary to determine whether this practice is also contrary to the requirements of professional diligence.
IPPT20130718, CJEU, Citroën v FvF
General prohibition of combined offers involving financial services to consumers permitted under directive and freedom to provide services
IPPT20121018, CJEU, Purely Creative
Unfair commercial practice when giving the false impression that consumer has already won prize, while consumer has to incur (minimal) costs first to claim the prize
A possible advantage for one of the parties is no reason to annul a contract as a whole when it contains one or more unfair terms
Reference only to entry-level price not in itself a misleading omission: Reference to website for product characteristics may be allowed