# Directive 2005/29/EC (Unfair Commercial Practices Directive) — business-to-consumer commercial practices

URL: https://consilena.com/coverage/laws/ksrc_10axrjfs2fgk6n09

- Jurisdiction: European Union
- Type: Directive
- Identifier: 32005L0029
- Current as of: 11 June 2005
- Provisions: 21
- Official text: https://eur-lex.europa.eu/eli/dir/2005/29/oj

> The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law.

## Provisions

- **Use of harassment, coercion and undue influence**: In determining whether a commercial practice uses harassment, coercion, including the use of physical force, or…
- **Aggressive commercial practices**: — Article 8 — Aggressive commercial practices A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its…
- **Transposition**: Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 12 June…
- **Purpose**: The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by…
- **Definitions**: For the purposes of this Directive: (a) ‘consumer’ means any natural person who, in commercial practices covered by this Directive, is acting for…
- **Amendments to Directive 84/450/EEC**: Directive 84/450/EEC is hereby amended as follows: 1. Article 1 shall be replaced by the following: ‘Article 1 The purpose…
- **Misleading actions**: 1. A commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful or in any way…
- **Prohibition of unfair commercial practices**: 1. Unfair commercial practices shall be prohibited. 2. A commercial practice shall be unfair if: (a) it is contrary…
- **Entry into force**: This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
- **Information**: Member States shall take appropriate measures to inform consumers of the national law transposing this Directive and shall, where appropriate…
- **Review**: 1. By 12 June 2011 the Commission shall submit to the European Parliament and the Council a comprehensive report on the application of this Directive…
- **Internal market**: Member States shall neither restrict the freedom to provide services nor restrict the free movement of goods for reasons falling within the…
- **Codes of conduct**: This Directive does not exclude the control, which Member States may encourage, of unfair commercial practices by code owners and recourse to…
- **Penalties**: Member States shall lay down penalties for infringements of national provisions adopted in application of this Directive and shall take all necessary…
- **Amendments to Directive 98/27/EC and Regulation (EC) No 2006/2004**: 1. In the Annex to Directive 98/27/EC, point 1 shall be replaced by the following: ‘1…
- **Amendments to Directives 97/7/EC and 2002/65/EC**: 1. Article 9 of Directive 97/7/EC shall be replaced by the following: ‘Article 9 Inertia selling Given the…
- **Misleading omissions**: 1. A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances…
- **Addressees**: This Directive is addressed to the Member States.
- **Scope**: 1. This Directive shall apply to unfair business-to-consumer commercial practices, as laid down in Article 5, before, during and after a commercial…
- **Enforcement**: 1. Member States shall ensure that adequate and effective means exist to combat unfair commercial practices in order to enforce compliance with the…
- **Courts and administrative authorities: substantiation of claims**: Member States shall confer upon the courts or administrative authorities powers enabling them…
- **Enforcement**: 2. Under the legal provisions referred to in paragraph 1, Member States shall confer upon the courts or administrative authorities powers enabling…
- **Amendments to Directive 84/450/EEC**: (1) of this Directive or Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May…
- **Scope**: 9. In relation to ‘financial services’, as defined in Directive 2002/65/EC, and immovable property, Member States may impose requirements which are more…
- **Misleading omissions**: 4. In the case of an invitation to purchase, the following information shall be regarded as material, if not already apparent from the…
- **Definitions**: the general principle of good faith in the trader's field of activity; (i) ‘invitation to purchase’ means a commercial communication which…
- **Misleading actions**: goods and associated guarantees (8), or the risks he may face. 2. A commercial practice shall also be regarded as misleading if, in its…
- **Amendments to Directive 84/450/EEC**: (1) shall be replaced by the following: ‘1. Member States shall ensure that adequate and effective means exist to combat…
- **Enforcement**: 3. The administrative authorities referred to in paragraph 1 must: (a) be composed so as not to cast doubt on their impartiality; (b) have adequate…

---

Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_10axrjfs2fgk6n09. Index of every page: https://consilena.com/llms.txt.
