Recital 2

(2) Those new rules should be introduced through amending Articles 6 and 7 of Directive 2005/29/EC of the European Parliament and of the Council (3) with regard to commercial practices that are considered to be misleading, and therefore prohibited, on the basis of a case-by-case assessment, and through amending Annex I to Directive 2005/29/EC, with the addition of specific misleading practices which are in all circumstances considered unfair, and therefore prohibited. As already laid down in Directive 2005/29/EC, it should still be possible to consider that a commercial practice is unfair on the basis of Articles 5 to 9 of that Directive, even though that particular practice is not listed as an unfair commercial practice in Annex I to Directive 2005/29/EC.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-20 · Text as adopted (Official Journal); later amendments are not incorporated in this text.