It was prepared by the Commission services and does not necessarily reflect the views of the European Commission. This guidance is linked to the Commission's Communication on "a comprehensive approach to stimulating cross border e-Commerce for Europe's citizens and businesses" (COM(2016)320), in particular section 6 thereto. how the UCPD applies to new and emerging business models, especially in the online sector.the mounting case-law of the Court and national courts.the interplay between the UCPD and other EU legislation.To facilitate enforcement activities and ensure legal certainty, this Guidance highlights questions that are common to all Member States.
The 2013 Communication on the application of the Unfair Commercial Practices Directive 2 and its accompanying Report 3 have shown that there is a need to step up enforcement of the UCPD provisions. during advertising or marketing), during and after a business-to-consumer transaction has taken place.
It applies to all commercial practices that occur before (i.e. The UCPD constitutes the overarching piece of EU legislation regulating unfair commercial practices in business-to-consumer transactions. It builds upon and replaces the 2009 version of the Guidance.
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It provides guidance on the UCPD’s key concepts and provisions and practical examples taken from the case-law of the Court of Justice of the European Union (thereinafter 'The Court') and from national courts and administrations on how to implement it.
The purpose of this guidance document is to facilitate the proper application of Directive 2005/29/EC on unfair business-to-consumer commercial practices in the internal market (‘the UCPD’). Application of the UCPD to specific sectorsĥ.1.1 Interplay with other EU legislation on environmental claimsĥ.1.2 Main principles: Articles 6, 7 and 12 of the UCPD applied to environmental claimsĥ.1.3 Application of Article 6 of the UCPD to environmental claimsĥ.1.4 Application of Article 7 of the UCPD to environmental claimsĥ.1.5 Application of Article 12 of the UCPD to environmental claimsĥ.1.6 Application of Annex I to environmental claimsĥ.2.2 The applicability of the UCPD to online platformsĥ.2.3 E-commerce platforms (marketplaces)
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