Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (a) Unfair Commercial Practices Directive, Chapter 2, Article 5, 2., (b)

A commercial practice consisting in the sale of a computer with pre-installed software, without the possibility for the consumer to receive the same computer devoid of such programs, does not represent, in itself, an unfair commercial practice under Article 5§ 2 of Directive 2005/29 / EC concerning unfair commercial practices against consumers in the internal market, except in cases where a practice of this kind is contrary to the requirements of professional diligence and materially alters or is likely to alter significantly the average consumer's economic behavior in relation to the product, which is a hypothesis that is for the national court to ascertain, taking into account the specific circumstances of the proceedings.