Minor Importance - a non-issue.

The transactional requirement cuts away legal actions of only minor importance and those that are irrelevant from the consumer protection perspective. However, the EU Directive does not require an actual distortion of the economic behaviour; the risk of such a distortion is sufficient.

If the average consumer is unlikely to have bought the product or service in question (or continue the contract etc.) had he known the actual facts, then, and only then, will the commercial practice be adjudged unfair. This is also well in line with the principle of proportionality, according to which a limit on the free movement principle is allowed, not by unfair practices as such, but only by those that really threaten a legitimate interest.

Marketing Law Attorneys, Fruebjergvej 3, Postbox 132, 2100 Copenhagen Ø, Denmark. Malmö Börshus, Box 269, 211 20 Malmö, Sweden.

Copyright © Marketing Law Attorneys. All rights reserved. Production: Brynolf&Co/Lindelöf&Co. www.lindelof-co.se