Article 5 Prohibition of unfair commercial practices
Unfair commercial practices shall be prohibited.
A commercial practice shall be unfair if:
it is contrary to the requirements of professional diligence;
and
it materially distorts or is likely to materially distort the economic behaviour with regard to the product of the average consumer whom it reaches or to whom it is addressed, or of the average member of the group when a commercial practice is directed to a particular group of consumers.
Commercial practices which are likely to materially distort the economic behaviour primarily of consumers who are particularly vulnerable, in a way which the trader could reasonably be expected to foresee, to the practice or the underlying product because of disability, age, credulity or personal circumstances, shall be assessed from the perspective of the average member of that group. This is without prejudice to the common and legitimate advertising practice of making exaggerated statements or statements which are not meant to be taken literally.
In particular, commercial practices shall be unfair if they:
are misleading as set out in Articles 6 and 7,
are aggressive as set out in Articles 8 and 9, or
breach any of the obligations laid down in Chapter III.
Annex I contains a list of commercial practices which are in all circumstances regarded as unfair.