Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2, (d) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1.

This article refers to the decision C-388/13 dated 16 April 2015 of the European Court of Justice, which significantly extended the scope of application of the Directive 2005/29 / EC by applying the notion of "commercial practice" also to occasional and not repeated behaviors affecting the decision making of a single consumer. In particular, with the above mentioned judgement the court qualifies as a misleading commercial practice the communication of a false information addressed to a single consumer. The objective of this article is to identify significant references in the text of the Directive which may lead to a different interpretation in order to shift the focus from the specific negotiating action to the "way of being in the market" by the professional trader and censor solely those unfair practices which have a significant and measurable impact.