Annex I to Directive 2005/29/EC
of 11 May 2005 on unfair commercial practices
business-to-consumers in the internal market and
amending Council Directive 84/450/EEC and European Parliament
and Council Directive 97/7/EC,
98/27/EC and 2002/65/EC and European Parliament and Council
Regulation (EC) No 2006/2004 the following content.
Commercial practices which are in all circumstances unfair
Misleading commercial practices
1. Claiming that the trader is a signatory to a code of conduct
When this is not the case.
2. Displaying a trust mark, quality mark or
equivalent without having obtained the necessary authorisation.
3. Claiming that a code of conduct recommended by a public
or body when this is not the case.
4. Claiming that a trader (including his commercial practices)
or a product has been approved, endorsed or
authorised by a public or private body when it has not
or making such a claim without complying with the terms of
the approval, endorsement or authorisation.
5. Offer products at a specified price without
the seller States that he has reasonable grounds to believe that he
will not be able to deliver, by myself or with the help of
subcontractor, these or equivalent products to the
specified price within a period and in such quantities that are reasonable with
regard to the product, the scale of advertising of the product
and the price offered (bait advertising).
6. Offer products at a specified price and then
(a)) refusing to show the consumer the product in question, or
b) refuse to accept an order or deliver the product
within a reasonable time, or
c) exhibit a defective copy of it, in order to
trying to sell a different product (a type of undue
caps offer).
7. Falsely stating that a product will be available
only for a very limited time, or that it will
be available only under specific conditions for a very
limited time, to get the consumer to make an immediate
decision without having adequate time or opportunity to make
an informed decision.
8. Undertaking to provide after-sales service to customers with
the trader before the purchase is communicated in a language
that is not an official language of the Member State in which the
the trader is located and then provide such service only
in another language without clearly informing the consumer of the
before he agrees to buy the product.
9. Stating or otherwise creating the impression that it is legal
to sell a product when it is not.
10. Production of consumers ' legal rights as distinctive
for the trader's offer.
11. Use materials from the media to advertise for a
product if the trader himself has paid for the material and
This is not shown in the advertising or by images or sounds that
clearly identifiable by the consumer (advertorial in editorial
form). This shall not prejudice the application of Council
Directive 89/552/EEC of 3 October 1989 on the coordination of
certain provisions laid down in the laws of the Member States and
administrative provisions relating to the pursuit of
television, as amended by European Parliament and Council directive
97/36/EC.
12. making a materially inaccurate claim concerning the nature and extent
of the risk consumers expose himself or his family for
If he or she does not buy the product.
13. Try to sell a product that is similar to another product,
made by a particular manufacturer in such a way as to
intentionally before mirrors the consumer that the product is made of
the same manufacturer, even though this is not the case.
14. Establishing, operating or promoting pyramid schemes where
consumers are enticed to participate because of the possibility to get
and this all is based on the fact that other consumers
told about the game, rather than on their sale or consumption
of a product.
15. Falsely claiming that the trader is about to
out of business or move to new premises.
16. State that products can help win at gambling.
17. Falsely claiming that a product is able to cure illnesses,
functional disorders or deformities.
18. Passing on materially inaccurate information on market conditions or
the possibility of finding the product with the intention of inducing the consumer
to acquire the product at conditions less favourable than those
the market normally can offer.
19. As a business method claim to arrange competitions or
promotion with prizes without sharing out the rates
described or a reasonable equivalent to these.
20. Describing a product as "gratis", "free", "without
charge "or similar if the consumer has to pay anything other than the
unavoidable cost of responding to the commercial practice and download
or pay for delivery of the product.
21. Including in marketing material an invoice or
similar document seeking payment which gives the consumer the impression he
have already ordered the marketed product when this is not the
case.
22. Falsely claiming or creating the impression that the trader is
is not acting for purposes relating to his
trade, business, profession or
profession, or improperly impersonate the consumer.
23. Creating the false impression that the product service after
the sale is available in a Member State other than that in which
the product is sold.
Aggressive commercial practices
24. Give the impression that the consumer cannot leave the premises before
an agreement was drawn up.
25. Make personal visits to the consumer's home ignoring
his request to leave his home or not come back,
except in the circumstances and to the extent that according to
national legislation is justified in order to obtain a contractual
obligation.
26. Take persistent and unwanted solicitations by telephone, fax, e-mail
mail or any other medium except under the conditions and in the
extent justified under national law for
to get a contractual obligation. This shall not
prejudice to the application of article 10 of the European Parliament and of the
Council Directive 97/7/EC of 20 May 1997 on the protection of consumers-
in respect of distance contracts and European Parliament and Council
Directive
95/46/EC of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data, as amended by European Parliament and
Council Regulation (EC) No 1882/2003 of the European Parliament and of the
Council Directive 2002/58/EC of 12 July 2002 concerning the processing of
personal data and the protection of privacy in the
electronic communications.
27. Requiring a consumer who wishes to claim compensation from the
an insurance policy, presenting documents that cannot reasonably be regarded as
relevant to whether the claim is valid, or systematic
failing to respond to the relevant correspondence on this subject, about
This is done for the purpose of inducing the consumer to waive
exercising his contractual rights.
28. That in an ad directly urge children to buy or to
persuade their parents or other adults to buy the
advertised products for them. This provision affects
application of article 16 of Directive
89/552/EEC on television broadcasting.
29. Demanding immediate or deferred payment for or
the return or safekeeping of products trader
provided however, that the consumer did not order (delivery
without prior order) but if the product is such a
compensation provided in accordance with article
7(3) of Directive 97/7/EC.
30. Explicitly informing the consumer that the trader's
work or livelihood is at stake if the consumer does not buy
the product or service.
31. Creating the false impression that the consumer has already won
or will win a prize or other equivalent benefit,
possibly after having performed a particular action,
-When in fact it is no prize or any
other equivalent benefit, or
-When the ability to claim the prize or another
equivalent benefit is subject to the consumer paying
money or incur a cost.
