New Guidance European Commission on unfair business-to-consumer commercial practices in the internal market

Based on Directive 2005/29/EC on unfair business-to-consumer commercial practices in the internal market (namely UCPD), the EU Commission gives UCPD’s key concepts and practical examples from the EUCJ and State Members courts or authorities.

It deals with the online sector in particular. 

“This guidance is linked to the Commission’s Communication on « a comprehensive approach to stimulating cross border e-Commerce for Europe’s citizens and businesses » (COM(2016)320), in particular section 6 thereto. It was prepared by the Commission services and does not necessarily reflect the views of the European Commission. It is intended to facilitate the implementation of Directive 2005/29/EC on unfair commercial practices. However, it is itself not legally binding. Any authoritative reading of the law should only be derived from Directive 2005/29/EC itself and other applicable legal acts or principles. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law.“

http://ec.europa.eu/consumers/consumer_rights/unfair-trade/docs/upc-factsheet_en.pdf

http://ec.europa.eu/justice/consumer-marketing/files/ucp_guidance_en.pdf

Frédéric Fournier
Partner