Legal Literature

Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (d) Unfair Commercial Practices Directive, Annex I, 31. Unfair Commercial Practices Directive, Annex I, 31., -

This article contains a comment to the sentence no. C-428/11 dated 18 October 2012 of the European Court of Justice concerned with the interpretation of paragraph 31 of Annex I to the Directive 2005/29 / EC concerning unfair business-to-consumer commercial practices in the internal market. In its decision the European Court of Justice states that the conduct consisting in giving to consumers the false impression that they have already won a prize, while the taking of any action in relation to claiming that prize, be it requesting information concerning the nature of that prize or taking possession of it, is subject to an obligation on the consumer to pay money or to incur any cost whatsoever infringes the prohibition of unfair commercial practices. The Author further reflects on whether such conduct may be qualified as a misleading commercial practice, subsisting a fraud to the detriment of the consumer, rather than an aggressive commercial practice.