sec_2_5__para__9

Article 5(2)(b) of the UCPD further refines the average consumer test when the interests of specific groups of consumers are at stake. When the practice is directed at a particular group of consumers, its impact should be assessed from the perspective of the average member of the relevant group. For instance, this could be the case when a commercial practice concerns a unique product, which is promoted through marketing channels to direct the marketing towards a specific and limited group of recipients, such as a particular profession. In this case, the average member of that particular group could have more specific knowledge or characteristics that an average consumer would not necessarily have, which has a direct impact on the assessment of the effects of the commercial practice. Given the distinction from the general category of the average consumer, the ‘particular group of consumers’ should be sufficiently identifiable, of limited scope and homogeneous. If a particular group cannot be identified, then the assessment should focus on the general average consumer benchmark.

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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.