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Overview

Jurisdiction: European Union
Topic: Consumer Law
Instrument type: Directive
Reference number: 2005/29/EC
Valid from: 2005-06-12
Valid to: 2026-08-06
Modified date: 2005-05-11
Listed at: 2026-08-06
Withdrawn at: -
Description: Harmonises EU Member State rules on unfair business-to-consumer commercial practices, particularly misleading and aggressive practices, and ensures a high level of consumer protection in the internal market.

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Sources

Source URL	Crawler	Publish date
https://publications.europa.eu/resource/celex/32005L0029	Schokolade

Logs

	Type	Status	Started at	Finished at
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Rule sets

	Label	Effective
	Companies engaging in business-to-consumer commercial practices	2007-12-12 — 9999-12-31
	Applies from milestone: Application Start (2007-12-12) Expires at milestone: - Conditions: Activities contains No Linked Attribute Value “business-to-consumer commercial practices” … Products

Label

Effective

Companies engaging in business-to-consumer commercial practices

2007-12-12 — 9999-12-31

Applies from milestone:: Application Start (2007-12-12)
Expires at milestone:: -

Conditions:

Activities contains No Linked Attribute Value “business-to-consumer commercial practices” …
Products

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title	Kind	Rule set
Prohibition of unfair commercial practices	Other	-
Description: Companies must not engage in unfair business-to-consumer commercial practices. A commercial practice is in particular unfair where it contravenes the requirements of professional diligence and materially distorts or is likely to materially distort the economic behaviour of the average consumer; misleading, aggressive and Annex I commercial practices that are unfair in all circumstances are also prohibited. Frequency: Continuous Check frequency: - Products/Services: Goods and services, including immovable property, rights and obligations, promoted, sold or supplied to consumers through commercial practices Checking responsibility: The company or trader; compliance is enforced by competent courts or administrative authorities Check method: Assessment of the commercial practice against professional diligence requirements, its effect on the economic behaviour of the average consumer, and the rules on misleading and aggressive commercial practices; where required, submission of evidence substantiating factual claims to a court or administrative authority Rule set: - Source reference: Article 5(1) Source excerpt: Unfair commercial practices shall be prohibited.
Substantiation of factual claims	Record Keeping	-
Description: A company must furnish evidence of the accuracy of factual claims relating to a commercial practice when required by a court or administrative authority. Frequency: Event-triggered Check frequency: - Products/Services: Goods and services offered or marketed to consumers Checking responsibility: The company or trader when required by a court or administrative authority Check method: Production of evidence as to the accuracy of factual claims when considered appropriate in civil or administrative proceedings; claims may be treated as inaccurate if the requested evidence is not provided or is insufficient Rule set: - Source reference: Article 12(a) Source excerpt: to require the trader to furnish evidence as to the accuracy of factual claims in relation to a commercial practice

Measures

No measures.

Penalties

No penalties.

Milestones

Date	Type	Description
2005-05-11	Adopted	Adoption of the Directive
Source reference: Final paragraph Source excerpt: Done at Strasbourg, 11 May 2005.
2005-06-12	Entry into Force	Entry into force of the Directive
Source reference: Article 20 Source excerpt: This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
2007-06-12	Transposition Deadline	Deadline for transposition into national law
Source reference: Article 19 Source excerpt: Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 12 June 2007.
2007-12-12	Application Start	Application of the transposing measures begins
Source reference: Article 19 Source excerpt: They shall apply those measures by 12 December 2007.
2011-06-12	Other	Deadline for the Commission's comprehensive report on application of the Directive
Source reference: Article 18(1) Source excerpt: By 12 June 2011 the Commission shall submit to the European Parliament and the Council a comprehensive report on the application of this Directive
2013-06-12	Other	End of the six-year transitional period for certain more restrictive national provisions
Source reference: Article 3(5) Source excerpt: For a period of six years from 12 June 2007, Member States shall be able to continue to apply national provisions within the field approximated by this Directive

Linked regulations

	Type	Regulation
	Amends	Council Directive 84/450/EEC
	Source reference: Title Source excerpt: 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
	Amends	Directive 97/7/EC of the European Parliament and of the Council
	Source reference: Title Source excerpt: 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
	Amends	Directive 98/27/EC of the European Parliament and of the Council
	Source reference: Title Source excerpt: 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
	Amends	Directive 2002/65/EC of the European Parliament and of the Council
	Source reference: Title Source excerpt: 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
	Amends	Regulation (EC) No 2006/2004 of the European Parliament and of the Council
	Source reference: Title Source excerpt: 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
	Cites	Council Directive 84/450/EEC
	Source reference: Recital 3 Source excerpt: Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising
	Cites	Directive 97/7/EC of the European Parliament and of the Council
	Source reference: Recital 10 Source excerpt: Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts
	Cites	Directive 98/27/EC of the European Parliament and of the Council
	Source reference: Recital 10 Source excerpt: Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests
	Cites	Directive 2002/65/EC of the European Parliament and of the Council
	Source reference: Recital 10 Source excerpt: Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services
	Cites	Directive 1999/44/EC of the European Parliament and of the Council
	Source reference: Article 6(1)(g) Source excerpt: Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees
	Cites	Directive 2002/58/EC of the European Parliament and of the Council
	Source reference: Recital 14 Source excerpt: Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector
	Cites	Council Directive 89/552/EEC
	Source reference: Annex I, point 11 Source excerpt: Council Directive 89/552/EEC
	Cites	Directive 95/46/EC
	Source reference: Annex I, point 26 Source excerpt: Article 10 of Directive 97/7/EC and Directives 95/46/EC and 2002/58/EC.
	Cites	Directive 2002/58/EC
	Source reference: Annex I, point 26 Source excerpt: Article 10 of Directive 97/7/EC and Directives 95/46/EC and 2002/58/EC.
	Cites	Directive 89/552/EEC
	Source reference: Annex I, point 28 Source excerpt: Article 16 of Directive 89/552/EEC on television broadcasting.
	Cites	Directive 97/7/EC
	Source reference: Annex II Source excerpt: Articles 4 and 5 of Directive 97/7/EC
	Cites	Council Directive 90/314/EEC
	Source reference: Annex II Source excerpt: Article 3 of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
	Cites	Directive 94/47/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Article 3(3) of Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of a right to use immovable properties on a timeshare basis
	Cites	Directive 98/6/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Article 3(4) of Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
	Cites	Directive 2001/83/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Articles 86 to 100 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
	Cites	Directive 2000/31/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Articles 5 and 6 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
	Cites	Directive 98/7/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Article 1(d) of Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998 amending Council Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit
	Cites	Directive 2001/107/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Article 1(9) of Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses
	Cites	Directive 2002/92/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Articles 12 and 13 of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation
	Cites	Directive 2002/83/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Article 36 of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance
	Cites	Directive 2004/39/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Article 19 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments
	Cites	Council Directive 92/49/EEC
	Source reference: Annex II Source excerpt: Articles 31 and 43 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance (third non-life insurance Directive)
	Cites	Directive 2003/71/EC of the European Parliament and of the Council
	Source reference: Annex II Source excerpt: Articles 5, 7 and 8 of Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading
	Cites	Directive 2002/65/EC
	Source reference: Article 3(9) Source excerpt: In relation to ‘financial services’, as defined in Directive 2002/65/EC, and immovable property, Member States may impose requirements which are more restrictive or prescriptive than this Directive in the field which it approximates.
	Cites	Directive 2002/65/EC
	Source reference: Annex II Source excerpt: Articles 3 and 4 of Directive 2002/65/EC

Unfair Commercial Practices Directive In force