ECJ Article 99 of the Rules of Procedure – Directive 2005/29/EC – National legislation laying down a general prohibition of offering for sale or selling goods at a loss Judges: M. Berger, P Citations: C-343/12, [2013] EUECJ C-343/12 Links: Bailii Statutes: Directive 2005/29/EC European, Commercial Updated: 14 November 2022; Ref: scu.471945
ECJ Opinion – Consumer protection – Directive 93/13/EEC – Article 4, paragraph 1 and Article 6, paragraph 1 – Unfair terms in consumer contracts – Directive 2005/29/EC – Unfair commercial practices of companies vis-a-vis consumers – Contract consumer credit stating a usurious interest rates – Effect of unfair trade practices and unfair terms of the … Continue reading Perenicova And Perenic French Text: ECJ 29 Nov 2011
The appellants sought to challenge undertakings they had been required to as to the mode of conduct of prize draw competitions. The Regulations forbad misrepresentations that the addressee may already have won a prize. In particular they challenged the requirement that a participant should not be required to make any payment as a condition of … Continue reading Purely Creative Ltd and Others v The Office of Fair Trading: CA 29 Jul 2011
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
ECJ Environment And Consumers – French Text – Opinion – Admissibility of a preliminary ruling qualifying Relevance Subject to the decision to make joint offers Interpretation in accordance with Directive 2005/29/EC Directive Harmonising Consumer Protection Unfair Commercial Practices – National legislation laying down a prohibition in principle of commercial practices interpretation under which the participation … Continue reading Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH: ECJ 3 Sep 2009
ECJ (Approximation of Laws) Opinion – Admissibility of a reference for a preliminary ruling – Proper subject of interpretation Relevance to the decision Combined offers – Directive 2005/29/EC – Interpretation in conformity with the Directive Interpretation of Community law before the expiry of the period for transposition – Harmonisation Consumer protection – Unfair commercial practices … Continue reading VTB-VAB v Total Belgium NV; Galatea BVBA v Sanoma Magazines Belgium NV: ECJ 21 Oct 2008
ECJ Admissibility of a reference for a preliminary ruling – Proper subject of interpretation Relevance to the decision Combined offers – Directive 2005/29/EC – Interpretation in conformity with the Directive Interpretation of Community law before the expiry of the period for transposition – Harmonisation Consumer protection – Unfair commercial practices by businesses Article 28 EC … Continue reading VTB-VAB v Total Belgium NV; Galatea BVBA v Sanoma Magazines Belgium NV (Approximation of Laws): ECJ 21 Oct 2008
Directive 2005/29/EC – Unfair commercial practices – National legislation laying down a prohibition in principle on commercial practices making the offer of bonuses to consumers subject to the purchase of goods or services Citations: [2010] EUECJ C-540/08, [2011] 1 CMLR 48 Links: Bailii Jurisdiction: European Citing: Opinion – Mediaprint Zeitungs Und Zeitschriftenverlag ECJ 24-Mar-2010 (Opinion) … Continue reading Mediaprint Zeitungs Und Zeitschriftenverlag: ECJ 9 Nov 2010
(Opinion) Environment And Consumers – Directive 2005/29 / EC – Harmonization – Consumer protection – Unfair commercial practices of undertakings – Joint offers – Concept of commercial practice – National provision prohibiting the offering of free benefits accompanying periodicals – Protection of media pluralism and competition Citations: C-540/08, [2010] EUECJ C-540/08 Links: Bailii Jurisdiction: European … Continue reading Mediaprint Zeitungs Und Zeitschriftenverlag: ECJ 24 Mar 2010
The OFT sought an order to restrain the defendants from continuing what it said were unfair commercial practices in the arrangements it made for prize draws. Held: Each of the promotions relied upon by the Office contravened the Regulations. The order was granted requiring the respondent not to: ‘create the false impression that the consumer … Continue reading Office of Fair Trading v Purely Creative Ltd and Others: ChD 2 Feb 2011
Reference for a preliminary ruling – Retail of vacuum cleaners – Energy class label – Directive 2010/30/EU – Delegated Regulation (EU) No 665/2013 – Vacuum cleaners – Display of other symbols – Unfair commercial practices – Consumer protection – Directive 2005/29/EC – Article 7 – Failure to state the conditions under which energy efficiency is … Continue reading Dyson (Retail of Vacuum Cleaners – Energy Class Label – Judgment): ECJ 25 Jul 2018
Reference for a preliminary ruling – Freedom to provide services – Direct life insurance – Variable capital life insurance contracts linked to so-called unit-linked investment funds – Directive 2002/83/EC – Article 36 – Directive 2002/ 92/EC – Article 12, paragraph 3 – Obligation of pre-contractual information – Information on the nature of the assets representing … Continue reading A (Contrats D’Assurance Unit-Linked) (Judgment): ECJ 24 Feb 2022
ECJ Directive 2005/29/EC Unfair commercial practices – National legislation prohibiting combined offers to consumers Citations: [2009] EUECJ C-261/07, [2009] ECR I-2949, [2009] 3 CMLR 17 Links: Bailii Jurisdiction: European Citing: Opinion – VTB-VAB v Total Belgium NV; Galatea BVBA v Sanoma Magazines Belgium NV ECJ 21-Oct-2008 ECJ (Approximation of Laws) Opinion – Admissibility of a … Continue reading VTB-VAB v Total Belgium NV; Galatea BVBA v Sanoma Magazines Belgium NV: ECJ 23 Apr 2009
Judgment – Reference for a preliminary ruling – Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Misleading commercial practice – Pyramid promotional scheme – Contributions paid by new members and compensation received by existing members – Indirect financial link ECLI:EU:C:2016:958, [2016] EUECJ C-667/15 Bailii Directive 2005/29/EC European Commercial Updated: 27 January 2022; Ref: scu.572598
ECJ (Judgment) Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Articles 5 and 7 – Combined offer – Sale of a computer equipped with pre-installed software – Material information relating to the price – Misleading omission – Consumer unable to obtain the same model of computer not … Continue reading Deroo-Blanquart v Sony Europe Ltd: ECJ 7 Sep 2016
ECJ Judgment – Reference for a preliminary ruling – Directive 2005/29/EC – Unfair commercial practices – Erroneous information provided by a telecommunications undertaking to one of its subscribers which has resulted in additional costs for the latter – Classification as a ‘misleading commercial practice C-388/13, [2015] EUECJ C-388/13, ECLI:EU:C:2015:225 Bailii Directive 2005/29/EC European, Consumer Updated: … Continue reading Nemzeti Fogyasztovedelmi Hatosag vUPC Magyarorszag (Judgment): ECJ 16 Apr 2015
ECJ Judgment – Failure of a Member State to fulfil obligations – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Complete harmonisation – Exclusion of the professions, dentists and physiotherapists – Restriction or prohibition of certain types of itinerant trading activities Ilesic P C-421/12, [2014] EUECJ C-421/12 Bailii Directive 2005/29/EC European, Consumer Updated: … Continue reading Commission v Belgium: ECJ 10 Jul 2014
ECJ Directive 2005/29/EC – Unfair commercial practices – Scope ratione personae – Misleading omissions in advertorials – Legislation of a Member State prohibiting any publication for remuneration not identified by the term ‘advertisement’ (‘Anzeige’) – Complete harmonisation – Stricter measures – Freedom of the press C-391/12, [2013] EUECJ C-391/12 Bailii Directive 2005/29/EC European Updated: 22 … Continue reading Rlvs Verlagsgesellschaft Mbh v Stuttgarter Wochenblatt Gmbh: ECJ 17 Oct 2013
ECJ Consumer protection – Consumer credit agreement – Incorrect statement of annual percentage rate of charge – Effect of unfair commercial practices and unfair terms on the validity of the contract as a wholeHeld: ‘a finding that a commercial practice is unfair has no direct effect on whether the contract is valid from the point … Continue reading Perenicova And Perenic: ECJ 15 Mar 2012
ECJ Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Scope ratione personae – Misleading statements made by a sickness insurance fund established as a body governed by public law – Concept of ‘trader’ C-59/12, [2013] EUECJ C-59/12, [2013] EUECJ C-59/12 Bailii, Bailii Directive 2005/29/EC European, Consumer Updated: 15 November 2021; Ref: scu.512169
ECJ Opinion – Directive 2005/29/EC – Unfair commercial practices – Misleading practices – Duty of professional diligence – Brochure containing an erroneous exclusivity claim Wahl AG C-435/11, [2013] EUECJ C-435/11 Bailii Directive 2005/29/EC European Updated: 14 November 2021; Ref: scu.510998
ECJ Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Concept of invitation to purchase – Requirement of information related to the marketed product and its price to the consumer to make a purchase – Definition of characteristics Product – Specify a starting price in a commercial communication published in the press – Misleading … Continue reading Konsumentombudsmannen KO v Ving Sverige: ECJ 3 Feb 2011
Misleading adverts in Europe (Judgment) Reference for a preliminary ruling – Comparative advertising – Directive 2006/114/EC – Article 4 – Directive 2005/29/EC – Article 7 – Objective price comparison – Misleading omission – Advertising comparing the prices of goods sold in shops having different sizes or formats – Permissibility – Material information – Degree of … Continue reading Carrefour Hypermarches SAS v ITM Alimentaire International SASU: ECJ 8 Feb 2017
ECJ Request for a preliminary ruling – Consumer protection – Unfair business-to-consumer commercial practices – Directive 2005/29/EC – Article 6(1) – Concept of ‘misleading action’ – Cumulative nature of the conditions set out in the provision in question C-281/12, [2013] EUECJ C-281/12 Bailii Directive 2005/29/EC European European, Consumer Updated: 10 November 2021; Ref: scu.519493
ECJ Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind A Rosas R C-428/11, [2012] EUECJ C-428/11 Bailii Unfair Commercial Practices Directive 2005/29/EC 5, Directive 2005/29/EC European Citing: At first … Continue reading Purely Creative And Others v Office of Fair Trading: ECJ 18 Oct 2012
ciroen_fvvECJ0713 ECJ Article 56 TFEU – Freedom to provide services – Directive 2005/29/EC – Unfair commercial practices – Consumer protection – Combined offers involving at least one financial service – Prohibition – Exceptions) A. Tizzano, P C-265/12, [2013] EUECJ C-265/12 Bailii Directive 2005/29/EC European, Consumer Updated: 01 November 2021; Ref: scu.513402
Misleading Advertising of Subscription Charges ECJ Judgment – Reference for a preliminary ruling – Unfair commercial practices – Directive 2005/29/EC – Articles 6 and 7 – Advertising relating to a satellite TV subscription – Subscription price including, in addition to the monthly subscription charge, a six-monthly charge for the card required for decoding emissions – … Continue reading Canal Digital Danmark A?S: ECJ 26 Oct 2016
ECJ Directive 2005/29/EC – Unfair commercial practices – National legislation laying down a prohibition in principle of commercial practices which make the participation of consumers in a lottery conditional on the purchase of goods or the use of servicesArt 2(d) of Directive 2005/29: ‘gives a particularly wide definition to the concept of commercial practices: ‘any … Continue reading Zentrale zur Bekampfung unlauteren Wettbewerbs eV v Plus Warenhandelsgesellschaft mbH: ECJ 14 Jan 2010
The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he had no understanding of the existence of the system. The … Continue reading X Ltd, Regina v: CACD 23 May 2013
ECJ (Judgment) Reference for a preliminary ruling – Directives 98/6/EC and 2005/29/EC – Consumer protection – Advertisement containing an indication of price – Concepts of ‘offer’ and ‘price inclusive of taxes’ – Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle) … Continue reading Citroen Commerce GmbH v Zentralvereinigung des Kraftfahrzeuggewerbes zur Aufrechterhaltung lauteren Wettbewerbs eV: ECJ 7 Jul 2016