§1.4.3 Consumer redress

Directive (EU) 2019/2161 added to the UCPD a new Article 11a requiring Member States to ensure that consumers harmed by the infringements of the UCPD have access to proportionate and effective remedies, in particular compensation for damage and, where relevant, price reduction and contract termination, subject to the conditions established at national level. Accordingly, consumer redress in the UCPD includes both contractual and non-contractual remedies. The conditions for the application of the remedies are determined by Member States and could include factors such as the gravity and nature of the unfair commercial practice, the damage suffered and other relevant circumstances, where appropriate. The detailed effects of the remedies are also to be determined by Member States, such as whether the contract termination remedy results in the nullity of the contract from its conclusion (with the obligation for both parties to return to the state prior to the contract) or only in removing its future effects, provided that the principles of adequacy and effectiveness are respected and the effet utile of the directive is safeguarded. These remedies are without prejudice to remedies available in other EU law instruments, such as those in the Digital Content Directive (EU) 2019/770 of the European Parliament and of the Council (111) and Sale of Goods Directive (EU) 2019/771 of the European Parliament and of the Council (112). These remedies could also be claimed collectively through representative actions under Directive (EU) 2020/1828.

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