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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

For example: — An enforcement authority acted against a trader providing satellite television services on the grounds that it had not shown professional diligence. Although contracts were limited in time, if the consumer did not take steps to prevent renewal at the time of expiry, the trader would automatically consider the contract renewed (152). — A national court held that, in an action brought by an enforcement authority, a debt collection agency that exerted pressure on consumers to pay bills for agreements that were legally invalid and refused to answer their questions, violated professional diligence. Consumers have the right to know what bill the debt collection agency is collecting, and whether or not that claim is correct. The authority based the interpretation of the requirements of professional diligence on the code of conduct of an association of debt collection agencies and a national court confirmed this interpretation. It also ruled that even for companies that are not a member of the association, this code of conduct can be used as a reference for determining what constitutes professional conduct (153).

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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.