d1e5789-1-1__para__5 — COMMISSION NOTICE – Guidance on the interpretation and application of Directive…

d1e5789-1-1para5

COMMISSION NOTICE – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market · European Union

Since the application of Article 6(2)(c) is triggered by the existence of ‘differences’, it does not require the determination of a ‘good of reference’. Namely, it does not require establishing which of the identically marketed goods is the ‘original’ one and which is the ‘differentiated’ version. All that matters is whether the goods marketed in different Member States significantly differ in their composition or characteristics or not. This also means that it is up to traders to decide how to ensure that the different versions of their good are clearly distinguishable by consumers.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.