§1.1 Material scope of application

The UCPD is based on the principle of full harmonisation. In order to remove internal market barriers and increase legal certainty for both consumers and businesses, it establishes a uniform regulatory framework harmonising national rules. Consequently, the UCPD establishes that Member States may not adopt stricter rules than those provided for in the Directive, even in order to achieve a higher level of consumer protection unless so permitted by the Directive itself (4). The Court confirmed this principle in several rulings. For example, in the Total Belgium case the Court found that the Directive precludes a national general prohibition on combined offers (5). In the Europamur Alimentación case the Court ruled that the UCPD precludes a national general prohibition on offering for sale or selling goods at a loss (6). In the same case, the Court also clarified that restrictive national measures may include the reversal of the burden of proof (7). In that regard, Article 3(9) places a limitation on the full harmonisation character of the UCPD by stating that ‘in relation to ‘financial services’ […] and immovable property, Member States may impose requirements which are more restrictive or prescriptive than this Directive in the field which it approximates’. Consequently, in these sectors, Member States can impose rules which go beyond the provisions of the UCPD, as long as they comply with other EU law. Section 4.4 specifically deals with how the UCPD applies to financial services and immovable property. Furthermore, according to Article 3(5), as amended by Directive (EU) 2019/2161, the Directive does not prevent Member States from adopting additional provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer’s home or excursions organised by a trader with the aim or effect of promoting or selling products to consumers. However, such provisions shall be proportionate, non-discriminatory and justified on grounds of consumer protection. Recital 55 to Directive (EU) 2019/2161 explains that such provisions should not prohibit those sales channels as such and gives some non-exhaustive examples of the possible national measures. Article 3(6) requires Member States to notify the Commission of the national provisions adopted and any subsequent changes, so that the Commission can make this information easily accessible to consumers and traders on a dedicated website (8). Recital 14 UCPD clarifies that the full harmonisation does not preclude Member States from specifying in national law the main characteristics of particular products, the omission of which would be material when an invitation to purchase is made. It also clarifies that the UCPD is without prejudice to provisions of EU law which expressly afford Member States the choice between several regulatory options for the protection of consumers in the field of commercial practices. As regards consumer information, Recital 15 UCPD explains that Member States can, when allowed by the minimum clauses in EU law, maintain or introduce more stringent information requirements in conformity with EU law so as to ensure a higher level of protection of consumers' individual contractual rights. See also section 1.2.3, which explains the interplay with the pre-contractual information requirements in the Consumer Rights Directive.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07