Unfair Commercial Practices (UCP) - European Commission Communication on the application of the Directive

The Unfair Commercial Practices Directive (UCPD) has demonstrated potential to protect consumers against unfair commercial practices via different enforcement actions. However, certain aspects require improvement.

Our main general concerns relate to: 

• The full harmonisation effect of the Directive
• The definition of "average consumer"
• Professional diligence
• Advertising which targets children
• Interplays with sectoral legislation
• Reversal of burden of proof
• Ppyramid promotional schemes
• Contract law remedies