2.8.4. Non-compliance with codes of conduct

The UCPD contains several provisions to prevent traders from unduly exploiting the trust which consumers may have in self-regulatory codes. It does not provide specific rules on the validity of a code of conduct, but relies on the assumption that misleading statements about a trader’s affiliation or about an endorsement from a self-regulatory body may distort the economic behaviour of consumers and undermine the trust that consumers have in self-regulatory codes. Firstly, Article 6(2)(b) obliges traders to comply with codes of conduct to which they have committed themselves in commercial communications. The Court clarified in the Bankia case that the UCPD does not preclude national legislation that does not confer a legally binding nature on codes of conduct (175). While the Court acknowledged that Article 6(2)(b) provides that non-compliance by a trader with a code of conduct may constitute an unfair commercial practice, the Directive as such does not require that the Member States provide for direct consequences for traders solely on the ground that they have not complied with a code of conduct (176). Secondly, Annex I to the UCPD prohibits certain practices in all circumstances to ensure that traders make responsible use of codes of conduct in marketing (Annex I points 1 and 3 on codes of conduct, point No 2 on trust marks and point No 4 on endorsement by a public or private body).

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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.