Resumen de Tackling Aggressive Commercial Practices: Court of Justice Case Law on the Unfair Commercial Practices Directive 10 Years On

Fausto Caronna

• The ban on aggressive practices in the Unfair Commercial Practices Directive plays a key role in ensuring a high level of consumer protection. Despite this objective and the full harmonisation nature of the Directive, the rules on aggressive practices are by no means clear. This article provides guidance on these complex rules in light of the case law of the Court of Justice of the EU, drawing inspiration from relevant Italian case law. It analyses the extent to which there is a professional diligence defence, vulnerable consumers are protected, and Member States can go beyond the Directive and ban conduct that they consider to be against consumer interests. The article also addresses the question of where the dividing line is between aggressive and misleading practices.