Legal Literature

Unfair Commercial Practices Directive, Chapter 1, Article 2, (i) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (a) Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 4., (c)

The words "thereby enables the consumer to make a purchase" in Article 2(i) of the UCP Directive do not require the commercial communication to offer an actual opportunity to purchase the product or for it to appear in connection with such an opportunity; it exists as soon as the information on the product advertised and its price is sufficient for the consumer to be able to make a transactional decision.

The use of an entry-level price in a commercial communication does not necessarily prevent the qualification as an "invitation to purchase". It is for the national court to ascertain, on the basis of the nature and characteristics of the product and the commercial medium of communication used, whether the reference to an entry level price enables the consumer to take a transactional decision. (Article 2(i) UCP)

Article 2(i) of Directive 2005/29 must be interpreted as meaning that a verbal or visual reference to the product makes it possible to meet the requirement relating to the indication of the product’s characteristics, and that includes a situation where such a verbal or visual reference is used to designate a product which is offered in a variety of forms. It is for the national court to ascertain, on a case-by-case basis, taking into account the nature and characteristics of the product and the medium of communication used, whether the consumer has sufficient information to identify and distinguish the product for the purpose of taking a transactional decision.

This article relates to the Judgement of the European Court of Justice of 12 May 2011 in the Ving Sverige

 case, C-122/10.