§1.4.4 Application of the UCPD to traders established in third countries

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 applicability of the UCPD to non-EU traders is regulated by Regulation (EC) No 864/2007 of the European Parliament and of the Council (113) on the law applicable to non-contractual obligations (Rome II). This Regulation applies ‘in situations involving a conflict of laws, to non-contractual obligations in civil and commercial matters’. Rome II is applicable in civil or commercial disputes. Article 6(1) of the Rome II Regulation: The law applicable to a non-contractual obligation arising out of an act of unfair competition shall be the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected. Article 6(4) of the Rome II Regulation: The law applicable under this Article may not be derogated from by an agreement pursuant to Article 14. When the conditions of Article 6(1) of the Rome II Regulation are fulfilled, e.g. if misleading advertising is targeted to EU consumers and this harms the collective interests of EU consumers, the UCPD will be applicable. Pursuant to Article 6(4) of the Rome II Regulation, the law that is applicable may not be derogated from by a choice-of-law agreement.

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