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sec_2_10__para__8

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 Wind Tre case, the Court held that the sale of SIM cards with pre-loaded and pre-activated services without adequately informing the consumers of these services and their costs, could be a prohibited aggressive practice of inertia selling under point 29 of Annex I (229). For the purposes of the assessment, it is not relevant whether the use of the services required conscious action by the consumer or whether the consumer could have deactivated the services, since without sufficient information, such action cannot be deemed as exercising free choice in relation to the services (230).

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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.