Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the application of the Unfair Commercial Practices Directive. Achieving a high level of consumer protection. Building trust in the internal market

Directive 2005/29/EC on Unfair Commercial Practices was adopted on 11 May 2005 to help consumers benefit from the Internal Market by removing regulatory barriers, deriving from divergent national rules, which discouraged firms from selling and undermined consumers' trust in buying across the EU. The Directive constitutes the main general body of EU legislation regulating misleading advertising and other unfair practices in business-to-consumer transactions. It has a broad scope of application, applying to all business-to-consumer transactions ("B2C") and in all sectors. It applies not only at the advertising or marketing stage of a transaction but also "…during and after a commercial transaction in relation to a product".

The Directive provides for a high level of consumer protection in all sectors. It works as a safety net which fills the gaps which are not regulated by other EU sector-specific rules. It ensures that consumers are not misled or exposed to aggressive marketing and that any claim made by traders in the EU is clear, accurate and substantiated, thus enabling consumers to make informed and meaningful choices. Together with other Internal Market legislation and the "CPC Regulation" on cooperation between national authorities responsible for the enforcement of consumer protection laws, the Unfair Commercial Practices Directive contributes to achieving market transparency and to preventing unfair competition across the EU. All Member States have implemented its rules in their national legislation.

This Communication outlines the main conclusions which can be drawn based on the initial period of experience in enforcing the Unfair Commercial Practices Directive, as required by its Article 18, and sets out what action is needed to maximise the benefits of the Directive for Single Market integration and consumer protection. A detailed report on the application of the Directive in the Member States is published together with this Communication. This is part of the European Consumer Agenda, which aims to maximise consumer participation and trust in the market, thereby boosting confidence and growth.

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