(1) The infringement of consumer interests by engaging in unfair commercial practices is prohibited where it constitutes a widespread infringement pursuant to Article 3 no. 3 of Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1), as last amended by Directive (EU) 2019/771 (OJ L 136, 22.5.2019, p. 28; L 305, 26.11.2019, p. 66), or a widespread infringement with a Union dimension pursuant to Article 3 no. 4 of Regulation (EU) 2017/2394.
(2) An infringement of consumer interests by engaging in unfair commercial practices within the meaning of subsection (1) is deemed to have occurred where
1. an unfair commercial practice as defined in section 3 (3) in conjunction with nos. 1 to 31 of the Annex is engaged in,
2. an aggressive commercial practice as defined in section 4a (1) sentence 1 is engaged in,
3. a misleading commercial practice as defined in section 5 (1) or section 5a (1) is engaged in or
4. an unfair commercial practice as defined in section 3 (1) is continually engaged in which has been prohibited under an enforceable order issued by the competent authority within the meaning of Article 3 no. 6 of Regulation (EU) 2017/2394 or under an enforceable decision given by a court, unless the practice is already encompassed by nos. 1 to 3.
(3) An infringement of consumer interests by engaging in unfair commercial practices within the meaning of subsection (1) also occurs where
1. a commercial practice fulfils the factual conditions of one of the cases under subsection (2) and
2. the domestic law of another Member State of the European Union is applicable to the commercial practice and such domestic law contains a provision which corresponds to the relevant provision referred to in subsection (2).