sec_4_1_1_2__para__5 — COMMISSION NOTICE – Guidance on the interpretation and application of Directive…

sec_4_1_1_2para5

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 general clause of Article 5(2) UCPD provides an additional possibility to assess unfair commercial practices. It functions as an additional ‘safety net’ to capture any unfair practice which is not caught by other provisions of the UCPD (i.e. that is neither misleading, aggressive or listed in Annex I). It prohibits commercial practices that are contrary to the requirements of professional diligence if they are likely to materially distort the economic behaviour of the average consumer.

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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.