sec_2_10__para__10 — COMMISSION NOTICE – Guidance on the interpretation and application of Directive…

sec_2_10para10

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

In the Orange Polska case, the Court held that the signing a contract in the presence of a courier cannot be considered in all circumstances as an aggressive practice using undue influence under Articles 8-9 (233). Account must be taken of the conduct of the trader in the specific case, the effect of which is to put pressure on the consumer so that his freedom of choice is significantly impaired, and that makes the consumer feel uncomfortable or confuses his thinking concerning the transactional decision to be taken. There must therefore be an assessment of the ‘significance’ of the impairment of the average consumer’s freedom of choice or conduct with regard to a product.

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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.