2. UCPD — DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE…

2.

UCPD

DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance) · European Union

Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: the nature, gravity, scale and duration of the infringement; any action taken by the trader to mitigate or remedy the damage suffered by consumers; any previous infringements by the trader; the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available; penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1). ; any other aggravating or mitigating factors applicable to the circumstances of the case.

Cited at article level by

COMMISSION NOTICE – Guidance on the interpretation and application of… (EU) — sign in to see which provisions, and what they say.

← art_13__para_1__text_1 · All articles · art_13__para_2__text_1 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as consolidated on 2022-05-28; changes after this date are not shown.