It is questionable whether Art. 5.1 combined with Art. 2 (d) of the UCP Directive can be applied to a public body with no intention of making profit. The court questions whether the interpretation of the European Court of Justice of Art. 101 and 102 TFEU can be applied to the interpretation of Art. 2 (b) and (d) of the UCP Directive. The court argues that the Directive aims at protecting the consumer from unfair commercial practices by the trader. Therefore, the perspective of the consumer might be decisive in considering whether the contested matter has direct reference to the market or not.