Keywords

Summary



Keywords

1. Actions for failure to fulfil obligations — Application initiating proceedings — Statement of subject-matter and pleas in law — Formal requirements — Coherent and detailed statement — Lack of precision in the application due to infringement of the obligation of information imposed on the Member States by a directive — Admissibility

(Arts 4(3) TEU and 17(1) TEU; Art. 258 TFEU; Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the Court of Justice, Art. 120(c); European Parliament and Council Directive 2005/29, Art. 19)

2. Member States — Obligations — Implementation of directives — Failure to fulfil obligations — National system pleaded as justification — Not permissible

(Art. 258 TFEU)

3. Actions for failure to fulfil obligations — National measures incompatible with EU law — Existence of remedies under national law — No effect on the bringing of an action for failure to fulfil obligations

(Art. 258 TFEU)

4. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion

(Art. 258 TFEU)

5. Acts of the institutions — Directives — Implementation by Member States — Transposition of a directive without legislative action — Conditions — Existence of a general legal context ensuring the full application of the directive — Lack of national case-law interpreting provisions of domestic law in accordance with the requirements of the directive

(Arts 258 TFEU and 288 TFEU)

6. Consumer protection — Unfair business-to-consumer commercial practices — Directive 2005/29 — More restrictive national measures governing announcements of price reductions — Failure to fulfil obligations

(European Parliament and Council Directive 2005/29, Recital 17 and Arts 2(d), 4 and 5(5) and Annex I)

7. Consumer protection — Consumer protection in the indication of the prices of products offered to consumers — Directive 98/6 — Scope — National provisions on the economic reality of announcements of price reductions — Not included

(European Parliament and Council Directive 98/6, Art. 10)

8. Consumer protection — Unfair business-to-consumer commercial practices — Directive 2005/29 — Transitional arrangements — Inapplicability to national rules which came into force after the entry into force of the directive

(European Parliament and Council Directive 2005/29, Art. 3(5))

9. Consumer protection — Unfair business-to-consumer commercial practices — Directive 2005/29 — National rules excluding certain professions from the scope of the implementing legislation and maintaining in force more restrictive measures on announcements of price reductions and itinerant trading activities — Failure to fulfil obligations

(European Parliament and Council Directive 2005/29, Arts 2(b) and (d), 3 and 4)

Summary

1. See the text of the decision.

(see paras 30, 33, 34)

2. See the text of the decision.

(see para. 43)

3. See the text of the decision.

(see para. 44)

4. See the text of the decision.

(see para. 45)

5. See the text of the decision.

(see para. 46)

6. Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market carries out a complete harmonisation at EU level of the rules concerning unfair commercial practices of undertakings vis-à-vis consumers. Accordingly, as expressly provided for by Article 4 thereof, Member States may not maintain or adopt more restrictive national measures than those laid down in that directive, even where such measures are designed to ensure a higher level of consumer protection.

In that regard, Directive 2005/29 establishes, in its Annex I, an exhaustive list of 31 commercial practices which, in accordance with Article 5(5) of that directive, are regarded as unfair ‘in all circumstances’. Consequently, as recital 17 in the preamble to that directive expressly states, those commercial practices alone can be deemed to be unfair without a case-by-case assessment against the provisions of Articles 5 to 9 of Directive 2005/29.

Consequently, national provisions on the economic reality of announcements of price reductions, which place a general prohibition on practices not referred to in Annex I to Directive 2005/29, without providing for an individual analysis as to whether the practices are ‘unfair’ in the light of the criteria laid down in Articles 5 to 9 of that directive, are not permitted under Article 4 thereof and run counter to the complete harmonisation objective pursued by that directive, even where they seek to achieve a higher level of consumer protection.

(see paras 55, 56, 61)

7. The purpose of Directive 98/6 on consumer protection in the indication of the prices of products offered to consumers is not to protect consumers in relation to the indication of prices, in general or with regard to the economic reality of announcements of price reductions, but specifically in relation to the indication of the prices of products by reference to different units of quantity. Therefore, national provisions on the economic reality of announcements of price reductions do not come within the scope of Directive 98/6.

(see paras 59, 60)

8. It is clear from Article 3(5) of Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market that the Member States may continue to apply only those more restrictive or prescriptive national measures which were in place on the date of entry into force of Directive 2005/29.

(see para. 73)

9. See the text of the decision.

(see para. 78, operative part)