Council of the European Union and European Parliament 11 May 2005, Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance)

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Directive 2005/29/EC of the European Parliament and of the Council establishes a full harmonisation framework prohibiting unfair business-to-consumer commercial practices in the internal market, with the dual purpose of ensuring the proper functioning of the internal market and achieving a high level of consumer protection by approximating Member States' laws. The Directive defines and prohibits misleading commercial practices (both actions and omissions) and aggressive commercial practices (involving harassment, coercion, or undue influence), and provides in Annex I an exhaustive list of thirty-one commercial practices deemed unfair in all circumstances without case-by-case assessment. Member States are required to establish effective enforcement mechanisms, including judicial and administrative proceedings, and to lay down effective, proportionate, and dissuasive penalties for infringements, while retaining limited derogation rights for financial services, immovable property, and, for a transitional period of six years from 12 June 2007, more restrictive national provisions implementing minimum harmonisation directives.AI

European Union · · · Cited by 5,517 · 11-05-2005

11.6.2005

EN

Official Journal of the European Union

L 149/22

DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2005

concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation

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