Keywords
Summary

Keywords

1. Approximation of laws – Unfair business-to-consumer commercial practices – Directive 2005/29

(European Parliament and Council Directive 2005/29)

2. Approximation of laws – Unfair business-to-consumer commercial practices – Directive 2005/29

(European Parliament and Council Directive 2005/29, Art. 5(2)(a) and (b))

Summary

1. Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market must be interpreted as precluding a national provision that lays down a general prohibition of sales with bonuses and is not only designed to protect consumers but also pursues other objectives.

Directive 2005/29 carries out a complete harmonisation of the rules concerning unfair commercial practices of undertakings vis-à-vis consumers and establishes, in Annex I, an exhaustive list of 31 commercial practices which, in accordance with Article 5(5) of that directive, are regarded as unfair in all circumstances. Consequently, as expressly stated in recital 17 in the preamble to the said Directive 2005/29, those commercial practices alone can be deemed to be unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of the directive. Practices consisting in offering consumers bonuses associated with the purchase of products or services do not appear in Annex I to the directive. Therefore, they may not be prohibited in all circumstances, but may be prohibited only following a specific assessment allowing the unfairness of those practices to be established.

(see paras 27, 34-35, 41, operative part 1)

2. The opportunity of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market, simply on the ground that, for at least some of the consumers concerned, that chance of participating in a competition represents the factor that determines them to buy that newspaper.

(see para. 47, operative part 2)