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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: — A financial institution promoted an investment product as a low risk 5-year deposit with privileged interest and guaranteed capital return on its expiry date. In fact, investors lost the interest on the capital and an important part of the capital initially invested. A consumer authority found this commercial practice misleading, as investors had received inadequate and misleading information about the financial product offered (159). — A national tribunal considered as misleading the advertising by a mobile phone operator since the trader, while claiming 30 % cheaper mobile rates than its competitors, failed to indicate in an unambiguous manner that the first minute of phone conversation was not on a per second basis. The tribunal considered that, due to the ambiguous presentation of the offer, the consumer was not in in a position to take an informed decision (160).

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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.