Misleading commercial practices

A commercial practice is misleading and thus prohibited

  1. if it contains false information,
  2. if material information is true per se but may mislead the consumer given the circumstances and context in which it was used; “material information” includes, for example, the name, price and nature of the financial service, its labelling and special rules of use and the options for making a complaint,
  3. if a trader omits to give material information that can justly be required from him, taking account of all circumstances (for example, the available advertising room or time); it shall also be regarded as an omission when material information is provided in an unintelligible or unclear manner,
  4. if the manner of presentation leads to confusion with other products or traders,
  5. if the services are offered in a manner contravening intellectual property rights,
  6. if a trader fails to comply with a firm commitment contained in a code of conduct by which the trader has undertaken to be bound.
Examples of a misleading commercial practice:
A company offers a product/service as exclusive when in reality it is widely available and standard.
A trader claims that his product/service is approved or authorised even though it is not or it is not compliant with the approval or authorisation conditions.