§1.4.1 Public and private enforcement

According to Article 11 of the UCPD, Member States are required to ensure that adequate and effective means exist to combat unfair commercial practices in order to enforce compliance with the provisions of the Directive in the interest of consumers. Such means include legal provisions under which persons or organisations regarded under national law as having a legitimate interest in combating unfair commercial practices, including competitors, may take legal action in national courts and/or before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings. Member States should ensure coordination in good faith between the different competent public enforcement authorities. In those Member States where different authorities are responsible for enforcing the UCPD and sector-specific legislation, the authorities should closely cooperate to ensure that the findings of their respective investigations into the same trader and/or commercial practice are consistent. As regards the enforcement of the UCPD through legal action in the national courts, in the Movic case the Court of Justice confirmed that ‘an action where the opposing parties are the authorities of a Member State and businesses established in another Member State, in which those authorities seek, primarily, findings of infringements constituting allegedly unlawful unfair commercial practices and an order for the cessation of such infringements and, as ancillary measures, an order for publicity measures and the imposition of a penalty payment, falls within the scope of the concept of “civil and commercial matters” ’ in Article 1(1) Brussels I Recast Regulation (105). In the area of private enforcement, Directive (EU) 2020/1828 of the European Parliament and of the Council (106) on representative actions for the protection of the collective interests of consumers introduced in all Member States the possibility of enforcing the UCPD through representative actions. Such actions could be brought forth by qualified entities, seeking injunctive and redress measures on behalf of the affected consumers. Finally, persons who report breaches of the UCPD (and of the CRD) are covered by the protective regime of Directive (EU) 2019/1937 of the European Parliament and of the Council (107) (the Whistleblower Directive) pursuant to Article 2(1)a)(ix). By feeling safe to speak up, the number of whistleblowers’ reports will likely increase, thereby enhancing the enforcement of the UCPD.

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