ABSTRACT – The judgement of the Court of Justice of the European Union, in the case C-611/14 (Canal Digital Danmark A/S), clarifies the interpretation of Art. 6 and 7 of the Unfair Commercial Practices Directive. For the purposes of assessing whether a commercial practice must be considered as a misleading practice, consideration should be given to the context in which that practice takes place, in particular the limitations of the communications medium used for the purposes of that commercial practice, the limitations of time and space imposed by that communications’ medium and any measures taken by the trader to make the information available to consumers by other means, even though that requirement is not expressly referred to in the wording of the national legislation in question. The Court held that the preparatory work needs to be taken into account while interpreting a legislative act. Even if the transposition of a provision of a directive is only in the preparatory work for the national transposing legislation and not in the wording of that legislation itself, the national court should as well consider this last one, especially because he is called to interpret national law in accordance with EU law so to ensure its full effectiveness.

KEYWORDS – Consumer Protection, Unfair Commercial Practices, Misleading Commercial Practices, Misleading Advertising, Information Duties.

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