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Home› Competition & Unfair Trade Practices› UWG (EN)

Section 3

Prohibition of unfair commercial practices

(1) Unfair commercial practices are illegal.

(2) Commercial practices targeting or reaching consumers are unfair if they are not in compliance with the requirements of professional diligence and are suited to materially distorting the economic behaviour of consumers.

(3) The commercial practices in relation to consumers listed in the Annex to this Act are always illegal.

(4) When assessing commercial practices in relation to consumers, reference is to be made to the average consumer or, where the commercial practice is directed towards a particular group of consumers, to the average member of that group. Commercial practices which are likely to materially distort the economic behaviour only of a clearly identifiable group of consumers who are particularly vulnerable to these practices or the underlying goods or services because of their mental or physical infirmity, age or credulity in a way which the entrepreneur could reasonably be expected to foresee are to be assessed from the perspective of the average member of that group.

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