Pratiche sleali 2005/0029 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- Article 1 Purpose
- Article 2 Definitions
- Article 3 Scope
- Article 4 Internal market
- Article 5 Prohibition of unfair commercial practices
- Article 6 Misleading actions
- Article 7 Misleading omissions
- Article 8 Aggressive commercial practices
- Article 9 Use of harassment, coercion and undue influence
- Article 10 Codes of conduct
- Article 11 Enforcement
- Article 12 Courts and administrative authorities: substantiation of claims
- Article 13 Penalties
- Article 14 Amendments to Directive 84/450/EEC
- ‘Article 1
- ‘Article 3a
- Article 15 Amendments to Directives 97/7/EC and 2002/65/EC
- ‘Article 9 Inertia selling
- ‘Article 9
- Article 16 Amendments to Directive 98/27/EC and Regulation (EC) No 2006/2004
- Article 17 Information
- Article 18 Review
- Article 19 Transposition
- Article 20 Entry into force
- Article 21 Addressees
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Article 5
Prohibition of unfair commercial practices
1. Unfair commercial practices shall be prohibited.
2. A commercial practice shall be unfair if:
| (a) | it is contrary to the requirements of professional_diligence, and |
| (b) | it materially distorts or is likely to materially distort the economic behaviour with regard to the product of the average consumer whom it reaches or to whom it is addressed, or of the average member of the group when a commercial practice is directed to a particular group of consumers. |
3. Commercial practices which are likely to materially distort the economic behaviour only of a clearly identifiable group of consumers who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, shall be assessed from the perspective of the average member of that group. This is without prejudice to the common and legitimate advertising practice of making exaggerated statements or statements which are not meant to be taken literally.
4. In particular, commercial practices shall be unfair which:
| (a) | are misleading as set out in Articles 6 and 7, or |
| (b) | are aggressive as set out in Articles 8 and 9. |
5. Annex I contains the list of those commercial practices which shall in all circumstances be regarded as unfair. The same single list shall apply in all Member States and may only be modified by revision of this Directive.
Section 1
Misleading commercial practices
whereas