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1.2.2. Information established by other EU law as ‘material’ information

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

The UCPD provides that information requirements in relation to commercial communication established by other EU law are ‘material’. Such information requirements are found in a number of pieces of sector-specific EU legislation. For example: environment (e.g. Energy Labelling Framework Regulation (28) and related delegated Regulations, Ecodesign Directive (29) and related delegated Regulations, Tyre Labelling Regulation (30), Fuel Economy Directive (31)); financial services (e.g. Markets in Financial Instruments Directive (32), Payment Services Directive (33), Consumer Credit Directive (34), Mortgage Credit Directive (35), Payment Accounts Directive (36), Regulation on key information documents for PRIIPs (37)); health (e.g. Directive 2001/83/EC of the European Parliament and of the Council (38)); electronic communications services (European Electronic Communications Code (39)); transport (e.g. Air Services Regulation (40), passenger rights Regulations (41)) food area (e.g. General Food Law Regulation (42), Food Information to Consumers Regulation (43)). Such information requirements will often be more specific than the information requirements of the UCPD. Article 7(5) of the UCPD clarifies that such information requirements ‘ shall be regarded as material ’. Accordingly, failing to provide such information can qualify as a misleading commercial practice under the UCPD subject to the general transactional decision test, i.e. if the omission causes or is likely to cause the average consumer to take a transactional decision they would not have taken otherwise. The concept of ‘material information’ within the meaning of the UCPD is discussed in section 2.9.1. Recital 15 provides that Member States can retain or add information requirements relating to contract law where this is permitted by minimum harmonisation clauses found in existing EU legal instruments.

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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.