CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily

CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355

“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk